Gokalram vs State Of Rajasthan (2024:Rj-Jd:23493)
2024 Latest Caselaw 4644 Raj

Rajasthan High Court - Jodhpur

Gokalram vs State Of Rajasthan (2024:Rj-Jd:23493) on 23 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:23493]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3341/2024

 Gokalram S/o Mohanram, Aged About 55 Years, R/o Manewada,
 Thana Bhojasar, Dist Phalodi
                                                                      ----Petitioner
                                       Versus
 State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Bhanwaru Ram
For Respondent(s)            :     Mr. S.K. Mehar, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

23/05/2024

1. By way of filing of the instant criminal misc. petition,

challenge has been made to the order dated 09.05.2024

passed by the learned Additional Sessions Judge, Phalodi, in

Criminal misc. Case No.214/2024 pertaining to FIR

No.38/2024 registered at Police Station Bhojasar, District

Phalodi whereby the prayer made by the petitioner for

releasing the vehicle in question (Bolero Pick-up) bearing

registration No.RJ-21-GC-6940, has been declined.

2. Learned counsel for the petitioner submits that he is the

registered owner of the vehicle in question which has been

seized by the Police Officers. He submits that the petitioner

being the owner of the vehicle in question, is the person best

entitled to get back the possession of the seized property.

There is no other person claiming supurdagi of the same.

[2024:RJ-JD:23493] (2 of 2) [CRLMP-3341/2024]

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

4. Considering the submissions and following the judgment

rendered by Hon'ble the Supreme Court in the case of

Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in

AIR 2003 SC 638 and the order dated 18.11.2022 passed by

the Hon'ble Supreme Court in Criminal Appeal No. 2005/2022

[SLP (Crl.) No.7280/2022) titled as Sainaba Vs. The State of

Kerala & Anr., wherein, the vehicle involved in a crime under

NDPS Act was directed to be released on terms and

conditions to be determined by the Special Court, the misc.

petition is allowed and this Court deems it just and

appropriate to release the vehicle in question in favour of the

petitioner on interim custody till conclusion of the trial

provided he furnishes a Supurdaginama of Rs.5,00,000/- and

surety of like amount to the satisfaction of the Court below.

(FARJAND ALI),J 282-Samvedana/-

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