Bajrang Kumar vs State Of Rajasthan (2024:Rj-Jd:41202)
2024 Latest Caselaw 8839 Raj

Rajasthan High Court - Jodhpur

Bajrang Kumar vs State Of Rajasthan (2024:Rj-Jd:41202) on 8 October, 2024

[2024:RJ-JD:41202]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6843/2024

Bajrang Kumar S/o Manohar Lal, Aged About 27 Years, R/o Ward
No.08, Chak 2 Dwd, 2 Kldu, Udanagar, Gulamaliwala, Khajuwala
District Bikaner.
                                                                      ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)         :     Mr. Amardeep Lamba
For Respondent(s)         :     Mr. H.S. Jodha, PP



               HON'BLE MR. JUSTICE ARUN MONGA

Order

08/10/2024

1. Under challenge before this Court is an order dated

21.06.2024 passed by the learned Special Judge, NDPS Act cases,

District Bikaner (Additional Sessions Judge No.1, Bikaner) in

Criminal Misc. Case No.279/2024 pertaining to FIR No.196/2022,

under Sections 8/15 and 25 of NDPS Act, registered at Police

Station Khajuwala, District Bikaner. Vide impugned order, release

of the vehicle in question (Swift Dzire Car) on supardari bearing

registration No.RJ-13-CA-7547 has been declined. Learned

counsel for the petitioner states that allegedly 25 kg Poppy straw

(below commercial quantity) was recovered from the vehicle in

question.

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

owner of the vehicle in question. Same has been seized by the

Police Officers. Petitioner being the owner of the vehicle is best

entitled to get it back on supurdari. He further submits that

[2024:RJ-JD:41202] (2 of 2) [CRLMP-6843/2024]

vehicle was impounded on 06.09.2023 and ever since is lying

parked in the police custody and needless to say it is deteriorating

by each passing day and would turn into a complete junk by the

time trial is concluded.

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

4. Reference may be had to 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. In

view thereof, the instant Petition is also allowed. Adopting the

same reasoning as assigned in the judgment, ibid, 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 Supurdarinama and surety of like

amount to the satisfaction of the Court below. It is expected of the

learned trial Court to verify the ownership documents of the

vehicle in question before releasing the same on Supurdarinama in

favour of the owner.

(ARUN MONGA),J 50-DhananjayS/-

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