Mewa Ram vs State Of Rajasthan (2024:Rj-Jd:24108)
2024 Latest Caselaw 4738 Raj

Rajasthan High Court - Jodhpur

Mewa Ram vs State Of Rajasthan (2024:Rj-Jd:24108) on 27 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:24108]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2433/2024

Mewa Ram S/o Shri Narayan Lal, Aged About 38 Years, R/o
Ratanpura, Post Bagoliya, District Bhilwara.
                                                                   ----Petitioner
                                    Versus
The State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Jaikishan Haniya
For Respondent(s)         :     Mr. Abhishek Purohit AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

27/05/2024

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

has been made to the order dated 22.03.2024 passed by the

learned Special Judge, NDPS Act Cases (Additional Sessions

Judge, Pali), District Pali in Criminal Misc. Case No.86/2024

pertaining to FIR No.49/2024 registered at Police Station

Siryari, District Pali, whereby the prayer made by the

petitioner for releasing the vehicle in question (Maruti Swift

Car) bearing registration No. RJ-06-CD-0105, has been

declined.

2. Learned counsel for the petitioner submits that the petitioner

is the owner of the vehicle in question which has been seized

by the Police Officers. He further submits that the petitioner

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

[2024:RJ-JD:24108] (2 of 2) [CRLMP-2433/2024]

entitled to get back the possession of the seized property.

There is no other person claiming supurdagi of the same.

3. Learned Additional Government Advocate 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 instant criminal 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.3,00,000/- and surety of like amount

to the satisfaction of the Court below.

(FARJAND ALI),J

221-Ashutosh/-

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