Kulwant Singh vs State Of Rajasthan (2024:Rj-Jd:25220)
2024 Latest Caselaw 4937 Raj

Rajasthan High Court - Jodhpur

Kulwant Singh vs State Of Rajasthan (2024:Rj-Jd:25220) on 30 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:25220]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 3653/2024

Kulwant Singh S/o Shri Kewal Singh, Aged About 54 Years, R/o
Ward No.2, Gharsana, District Anoopgarh.
                                                                             ----Petitioner
                                        Versus
State Of Rajasthan, Through PP
                                                                          ----Respondent


For Petitioner(s)             :     Mr. Manish Kumar Pareek for
                                    Mr. DS Thind
For Respondent(s)             :     Mr. Gaurav Singh, AGA



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

30/05/2024

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

has been made to the order dated 23.05.2024 passed by the

learned Special NDPS Cases, District Bikaner (Additional Sessions

Judge No.1, Bikaner) in Criminal Misc. Case No.253/2024

pertaining to FIR No.82/2024 registered at Police Station

Chattargarh, District Bikaner whereby the prayer made by the

petitioner for releasing the vehicle in question (Swift Dzire)

bearing registration No. HR-10-U-7739, 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 further 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:25220] (2 of 2) [CRLMP-3653/2024]

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 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 609-divya/-

Powered by TCPDF (www.tcpdf.org)