Rajasthan High Court
Jai Traders vs State Of Rajasthan (2024:Rj-Jp:13036) on 14 March, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:13036]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1683/2020
Jai Traders, 11 Sriram Vihar Colony, Near Savitri Vatika, Hiran
Magri, Sector 5, Udaipur (Rajasthan) Through Proprietor Shri
Naveen Kumar Jain S/o Shri Chandra Sain R/o Jhadol, Udaipur
(Raj.)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Neeraj Sharma
For Respondent(s) : Mr. Sanjeev Mahala, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
14/03/2024
1. The petitioner has preferred this misc. petition under Section
482 Cr.P.C. challenging the order dated 23.10.2029 passed in
misc. application No.382/2019 by learned Special Judge (NDPS
Act Cases) and Addl. Sessions Judge No.1, Beawar arising out of
FIR No.73/2019 PS Vijay Nagar, Ajmer for offence under Section
8/15 of the NDPS Act whereby the application of the petitioner for
releasing the goods/articles (paper scrap) which were being
transported in Truck No.PB 13 AR 9773 and seized by the police
in connection with the aforesaid FIR, has been rejected.
2. Learned counsel for the petitioner submits that on
05.03.2019, an FIR No.73/2019 was registered at Police Station
Vijay Nagar, Ajmer for offence under Section 8/15 of NDPS Act in
connection with recovery of contraband opium dodapost chura
[2024:RJ-JP:13036] (2 of 4) [CRLMP-1683/2020]
(powder) from truck No.PB 13 AR 9773. Learned counsel submits
that the petitioner engaged Satpal Transport Company for
consigning his goods and his goods were also being transported in
the said truck. During investigation, the police also seized the
goods (paper scrap) of the petitioner lying in the truck at that
time. The petitioner moved an application for releasing the
aforesaid goods before the learned trial court. However, the
learned trial court rejected the application vide order dated
23.10.2019.
3. Learned counsel for the petitioner submits that the petitioner
has nothing to do with the contraband allegedly recovered from
the said truck. He further submits that charge sheet has been filed
in the matter and the petitioner has not been found involved in
commission of the alleged crime in any manner and now, there is
no requirement of the aforesaid goods/articles of the petitioner. He
further submits that the petitioner is ready to comply with the
procedure defined under the NDPS Act for making inventory of the
case property, if necessary so that same will be treated as primary
evidence in the absence of or disposal of the case property during
trial. He also submits that if the aforesaid articles of the petitioner
would not be released, they would be of no use. He thus, prays
that the paper scrap seized by the police from the truck in
connection with the FIR may be released on supurdagi. He has
placed reliance on the judgment passed in the case of Sunderbhai
Ambalal Desai vs. State of Gujarat, reported in AIR 2003 SC 638.
[2024:RJ-JP:13036] (3 of 4) [CRLMP-1683/2020]
4. Learned Public Prosecutor has vehemently opposed the misc.
petition. However, he concedes the fact that after completion of
investigation, the police has filed charge sheet only against the
accused Jagsir S/o Shri Mahendra Singh, Jagsir S/o Shri Darshan
Singh and Harpal Singh for offences under Sections 8/15 and 8/25
of the NDPS Act and the petitioner is not found involved in the
instant case.
5. I have heard and considered the submissions advanced at
bar and have gone through the material available on record.
6. After having heard and considered the submissions advanced
at bar and having gone through the material available on record,
especially the fact after completion of investigation, police has
filed chargesheet only against the accused Jagsir S/o Shri
Mahendra Singh, Jagsir S/o Shri Darshan Singh and Harpal Singh
for offences under Sections 8/15 and 8/25 of the NDPS Act and
during investigation, the petitioner has not been found involved in
the instant case as also considering the perishable nature of the
goods of the petitioner and keeping in view the observations made
in the case of Sunderbhai Ambalal Desai (supra), the instant misc.
petition is allowed. The order dated 23.10.2029 is quashed and
set aside. The aforesaid articles seized in connection with the FIR
No.73/2019 PS Vijay Nagar shall be released in favour of the
petitioner on supurdagi provided he furnishes a Supurdaginama to
the tune of the bill amount of the goods releasing on supurdagi,
and one surety of like amount to the satisfaction of the Magistrate
concerned after getting prepared list and inventory etc. from the
[2024:RJ-JP:13036] (4 of 4) [CRLMP-1683/2020]
IO concerned. The petitioner shall also furnish an undertaking
along with the supurdaginama that in case, after conclusion of
trial, if the learned trial court finds involvement of the petitioner
in the commission of alleged crime and does not find it entitle for
the aforesaid goods, it shall deposit the sum mentioned in the
supurdaginama as fine.
(ANIL KUMAR UPMAN),J
Seema Devi /544
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