Kishore Giri vs State Of Rajasthan (2024:Rj-Jd:24480)
2024 Latest Caselaw 4790 Raj

Rajasthan High Court - Jodhpur

Kishore Giri vs State Of Rajasthan (2024:Rj-Jd:24480) on 28 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:24480]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3605/2024

Kishore Giri S/o Shree Ghanshyam Giri Goswami, Aged About 22
Years, R/o Shivaji Nagar, Pali, Rajasthan.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Pawan Vishnoi
For Respondent(s)         :     Mr. S.K. Bhati, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

28/05/2024

1. By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 15.05.2024 passed

by the learned Additional Sessions Judge, Gulabpura, District

Bhilwara in Crimainl Misc. Case No.130/2024 arising out of FIR

No.30/2024 registered at the Police Station Rayala, District

Bhilwara, whereby the prayer made by the petitioner for releasing

the vehicle in question (Swift car) bearing registration No.GJ-18-

BD-6822, has been declined.

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

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:24480] (2 of 2) [CRLMP-3605/2024]

3. Learned Public Prosecutor opposed the criminal

miscellaneous 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 revision 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 602-Pramod/-

Powered by TCPDF (www.tcpdf.org)