Bhagirath vs State Of Rajasthan (2024:Rj-Jd:36868)
2024 Latest Caselaw 7730 Raj

Rajasthan High Court - Jodhpur

Bhagirath vs State Of Rajasthan (2024:Rj-Jd:36868) on 4 September, 2024

[2024:RJ-JD:36868]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5705/2024

Bhagirath S/o Shri Ram Bishnoi, Aged About 28 Years, R/o
Janiyo Ki Dhani, Kharda Randhir, Tehsil And Dist. Jodhpur
                                                                          ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Babu Lal S/o Pema Ram Bishnoi, R/o Lamba Tehsil Bilara,
         Dist. Jodhpur
                                                                    ----Respondents


For Petitioner(s)             :    Mr. Kailash Khilery.
For Respondent(s)             :    Mr. Vikram Rajpurohit, PP with
                                   Mr. R.S. Bhati.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

04/09/2024

1. Under challenge before this Court is an order dated

24.05.2024 passed by the learned Special Judge, NDPS Cases,

Rajsamand in Criminal Misc. Case No.58/2024 pertaining to FIR

No.96/2022, dated 27.05.2022, under Sections 8/15 of NDPS Act,

registered at Police Station Charbhuja, District Rajsamand,

wherein 23 kgs. of Doda Post was recovered. Vide impugned

order, release of the vehicle in question (Swift Dezire) bearing

registration No.RJ-19TA-5843 has been declined.

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

owner of the vehicle in question and the said vehicle is not

involved in any other offence. Same has been seized by the Police

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

to get it back on supurdari.

[2024:RJ-JD:36868] (2 of 2) [CRLMP-5705/2024]

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property and submits

that charge-sheet has also been filed and trial has commenced.

4. Vehicle was impounded on 27.05.2022 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 learned 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 117-Rmathur/-

Powered by TCPDF (www.tcpdf.org)