Nirmal Singh vs State Of Rajasthan (2024:Rj-Jd:36665)
2024 Latest Caselaw 7647 Raj

Rajasthan High Court - Jodhpur

Nirmal Singh vs State Of Rajasthan (2024:Rj-Jd:36665) on 3 September, 2024

[2024:RJ-JD:36665]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5943/2024

Nirmal Singh S/o Mangal Singh, Aged About 60 Years, R/o
Gurunanakpur, Tehsil Baba Bakala Sahab, Dist. Amritsar, Punjab
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :     Mr. Amit Kumar
                                Mr. Hakam Ali
For Respondent(s)         :     Mr. H.S. Jodha, P.P.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

03/09/2024

1. Under challenge before this Court is an order dated

12.08.2024 passed by the learned Additional Sessions Judge,

Suratgarh, Sriganganagar, in Criminal Case No.24/2024,

pertaining to FIR No.185/2023, dated 16.06.2023, P.S. Jaitsar,

District Sriganganagar, wherein 1.8 kg of Heroine was allegedly

recovered. Vide impugned order, release of the vehicle in question

(Swift Car) on Superdari bearing registration No.PB-02-EC-8055

has been declined.

2. On a court query, learned counsel for the petitioner submits

that neither the petitioner nor the offending vehicle is involved in

any other crime. Learned counsel for the petitioner states that the

petitioner has been falsely implicated. Further 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.

[2024:RJ-JD:36665] (2 of 2) [CRLMP-5943/2024]

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

4. Vehicle was impounded on 16.06.2023 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.

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.

(ARUN MONGA),J 118-AnilKC/-

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