Budha Ram vs State Of Rajasthan (2024:Rj-Jd:43101)
2024 Latest Caselaw 9199 Raj

Rajasthan High Court - Jodhpur

Budha Ram vs State Of Rajasthan (2024:Rj-Jd:43101) on 21 October, 2024

[2024:RJ-JD:43101]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7210/2024

Budha Ram S/o Ghewar Ram, Aged About 26 Years, R/o Hanut
Ki Dhani, Godawas, Tehsil Pachapadra, Dist. Barmer.
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent


For Petitioner(s)          :     Mr. Jaswant Suthar.
For Respondent(s)          :     Ms. Sonu Manawat, P.P.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

21/10/2024

1. Under challenge before this Court is an order dated

16.07.2024 passed by the learned Additional Sessions Judge,

Phalodi, NDPS Act Cases, Phalodi, in Criminal Misc. Case

No.385/2024, arising out of FIR No.32/2021 dated 27.10.2021,

lodged at P.S. Excise Phalodi, for the alleged offences under

Sections 8/15, 25 and 29 of NDPS Act, wherein 120 kilograms of

poppy straw, was recovered. Vide impugned order, release of the

vehicle in question (Swift Car) on Superdari bearing registration

No.RJ-29-CA-3386, has been declined.

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 Superdari.

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

[2024:RJ-JD:43101] (2 of 2) [CRLMP-7210/2024]

4. Vehicle was impounded on on 27.10.2021 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.

5. 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.

6. 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 110-Sumit/-

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