Prakash Chand vs State Of Rajasthan (2024:Rj-Jd:23928)
2024 Latest Caselaw 4739 Raj

Rajasthan High Court - Jodhpur

Prakash Chand vs State Of Rajasthan (2024:Rj-Jd:23928) on 27 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:23928]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2512/2024

Prakash Chand S/o Asha Ram, Aged About 26 Years, R/o Sanvrij,
Police Station Phalodi District Phalodi
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Kailash Khilery
                                Mr. Naresh Bishnoi
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 18.01.2024 passed by the

learned Additional Session Judge (Special Judge NDPS Act

Cases), Phalodi, District Jodhpur in Criminal Misc. Case

No.38/2024 pertaining to FIR No.305/2020 registered at

Police Station Baap, District Phalodi, whereby the prayer

made by the petitioner for releasing the vehicle in question

(Motorcycle) bearing registration No. RJ-43-SD-6182, 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:23928] (2 of 2) [CRLMP-2512/2024]

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 has 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.50,000/- and surety of like amount to

the satisfaction of the Court below.

(FARJAND ALI),J

222-Ashutosh/-

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