Rajasthan High Court - Jodhpur
Ritika vs State Of Rajasthan (2024:Rj-Jd:41627) on 10 October, 2024
[2024:RJ-JD:41627]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6934/2024
Ritika D/o Shri Umesh Kumar, Aged About 27 Years, R/o House
No. A-44, Street No. 15, A-Block, Burari Baba Colony, North
Delhi.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bharat Singh Rathore.
For Respondent(s) : Ms. Sonu Manawat, PP.
HON'BLE MR. JUSTICE ARUN MONGA
Order
10/10/2024
1. Under challenge before this Court is an order dated
26.09.2024 passed by the learned Special Judge, NDPS Cases,
District Sirohi in Criminal Misc. Case No.601/2024 (CIS
No.601/2024), arising out of FIR No.192/2024, lodged at P.S.
Sheoganj, District Sirohi, for the offences under Section 8/15 of
NDPS Act, wherein 314kg poppy husk was recovered. Vide
impugned order, release of the vehicle in question (Creta Car) on
Superdari bearing registration No.DL-8C-BG-7686 has been
declined.
2. Briefly, the relevant facts as pleaded in the petition are that
the petitioner submitted an application under Section 457 Cr.P.C.
before the Special Judge, NDPS Cases, Sirohi, stating that her
vehicle, a Creta car (No. DL-8C BG-7686), was seized in
connection with FIR No. 192/2024 at Police Station Sheoganj,
District Sirohi, for an offence under Section 8/15 of the NDPS Act
[2024:RJ-JD:41627] (2 of 3) [CRLMP-6934/2024]
on 19.08.2024. The petitioner is the registered owner of the said
vehicle.
2.1. The vehicle was stolen from Delhi on 18.07.2024, for which
the petitioner lodged an FIR at Police Station Burari, North Delhi,
with CR No. 021031 dated 19.07.2024. After the theft, unknown
individuals changed the number plates of the vehicle and used it
for smuggling, leading to its seizure by Police Station Sheoganj in
the NDPS case. Being the registered owner, the petitioner requests
that the vehicle be handed over to her on Superdari.
2.2. In support of her application, the petitioner submitted copies
of the FIR from Police Station Burari, the RC of the vehicle, the
insurance policy, her ID card, PAN card, and employment card.
She has applied for the release of the vehicle (No. DL-8C BG-
7686) on Superdari as the registered owner.
3. Learned counsel for the petitioner submits that she is the
rightful owner of the vehicle in question, which was stolen and had
its number plates changed by unknown individuals. The petitioner
had already lodged an FIR regarding the theft at Police Station
Burari, North Delhi. The vehicle was subsequently seized by the
police officers. Since the petitioner is the original and registered
owner of the vehicle, she is entitled to have it returned to her on
Superdari.
4. Learned Public Prosecutor opposes the instant criminal Misc.
petition on the ground that vehicle is a case property.
5. Vehicle was impounded on 19.08.2024 and ever-since parked
in 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.
[2024:RJ-JD:41627] (3 of 3) [CRLMP-6934/2024]
6. 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 she 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 after obtaining an appropriate report from
Police Station Burari, North Delhi where the petitioner had lodged
an FIR for theft of her vehicle.
(ARUN MONGA),J
49-/Jitender//-
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