Rajasthan High Court - Jodhpur
Pushpa Bai vs State Of Rajasthan (2024:Rj-Jd:42196) on 16 October, 2024
[2024:RJ-JD:42196]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6052/2024
Pushpa Bai W/o Lt. Ramchandra Anjana, Aged About 50 Years,
R/o Veerawali, Ps Arnod, Dist. Pratapgarh, Raj.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Khiv Das
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE ARUN MONGA
Order
16/10/2024
1. Under challenge before this Court is an order dated
14.08.2024 passed by the learned Special Judge, NDPS Cases,
District Pratapgarh in Criminal Misc. Case No.124/2024 (Special
Session Case No.106/2023), arising out of FIR No.152/2023,
lodged at P.S. Chhoti Sadari, District Pratapgarh, for the offences
under Section 8/15 and 8/29 of NDPS Act, wherein 700kg poppy
husk was recovered. Vide impugned order, release of the vehicle in
question (Tractor) on Superdari bearing registration No.RJ-09-RC-
9645 has been declined.
2. Briefly, the relevant facts as pleaded in the petition are that
the petitioner submitted an application under Section 503 BNSS,
2023 before the Special Judge, NDPS Cases, Sirohi, stating that
her vehicle, a Tractor Trolley (No.RJ-09-RC-9645), was seized in
connection with FIR No. 152/2023 at Police Station Chhoti Sadari,
District Pratapgarh, for the offences under Section 8/15 and 8/29
of NDPS Act on 26.05.2023.
[2024:RJ-JD:42196] (2 of 3) [CRLMP-6052/2024]
2.1. It is averred that the registered owner of the aforementioned
tractor was one Pankaj Anjana, who sold the tractor along with a
trolley to the petitioner's late husband through an agreement to
sell dated 16.12.2022. However, her husband passed away on
15.03.2023, before the ownership could be transferred. It is
stated that a charge sheet has already been filed, and there is no
further requirement for the tractor in the investigation. The
petitioner is a poor and illiterate widow, and her sole source of
livelihood is agriculture, for which she requires the tractor in
question. Therefore, the petitioner seeks the release of the vehicle
in question through the present petition.
3. Learned counsel for the petitioner submits that petitioner's
husband is a bona fide purchaser and she has no role to play in
the transportation of the contraband (700kg of poppy husk) which
was allegedly being transported in the tractor trolley.
4. Learned Public Prosecutor opposes the instant criminal Misc.
petition on the ground that vehicle is a case property.
5. Vehicle was impounded on 26.05.2023 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.
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
[2024:RJ-JD:42196] (3 of 3) [CRLMP-6052/2024]
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.
7. In the parting, I may hasten to add that the learned trial
Court shall assess the authenticity of agreement to sell dated
16.12.2022 executed between the registered owner (Pankaj
Aanjana) and late Ramchandra Anjana (deceased husband of the
petitioner herein) before releasing the vehicle in question in favour
of the petitioner on Supurdarinama on usual terms.
(ARUN MONGA),J
61-DhananjayS/-
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