Badri Chand vs State Of Rajasthan (2024:Rj-Jd:43655)
2024 Latest Caselaw 9444 Raj

Rajasthan High Court - Jodhpur

Badri Chand vs State Of Rajasthan (2024:Rj-Jd:43655) on 23 October, 2024

[2024:RJ-JD:43655]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6682/2024

Badri Chand S/o Ram Dhan, Aged About 46 Years, R/o Bhimdas
(Kadeda), Tehsil Kekeri, District Kekeri.
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Throgh Pp
                                                                  ----Respondent


For Petitioner(s)         :     Ms. Shobha Prabhakar for Mr. SK
                                Bhati.
For Respondent(s)         :     Mr. HS Jodha, PP.



               HON'BLE MR. JUSTICE ARUN MONGA

Order(Oral)

23/10/2024

1. Under challenge before this Court is an order dated

04.09.2024 passed by the learned Special Judge of NDPS Act

Cases, (Additional Session Judge), Sahapura, District Sahapura in

Criminal Misc. Case No.29/2024, arising out of FIR No.96/2024,

lodged at P.S. Sahapura, District Bhilwara, for the offences under

Sections 8/15, 8/25 & 8/29 of the NDPS Act, wherein 15 kgs

poppy husk (below commercial quantity) was recovered. Vide

impugned order, release of the vehicle in question (Bajaj Platina)

on Superdari bearing registration No.RJ-48-ES-0079 has been

declined.

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

owner of the vehicle in question and the contraband recovered is

below commercial quantity. Same has been seized by the Police

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

to get it back on Superdari.

[2024:RJ-JD:43655] (2 of 2) [CRLMP-6682/2024]

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

4. Vehicle was impounded on 06.04.2024 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.

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. 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 114-/Jitender//-

                                   Whether fit for reporting -   yes   /    No.









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