Shrawan Kumar vs State Of Rajasthan (2024:Rj-Jd:37677)
2024 Latest Caselaw 7912 Raj

Rajasthan High Court - Jodhpur

Shrawan Kumar vs State Of Rajasthan (2024:Rj-Jd:37677) on 10 September, 2024

[2024:RJ-JD:37677]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6146/2024

Shrawan Kumar S/o Prabhu Ram Jat, Aged About 37 Years, Jato
Ka Mohalla, Sarnawada, P.s. Gacchhipura, Distt. Nagaur.
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)            :     Ms. Shobha Prabhakar.
For Respondent(s)            :     Ms. Sonu Manawat, P.P.


         HON'BLE MR. JUSTICE ARUN MONGA

Order 10/09/2024

1. Under challenge before this Court is an order dated

18.07.2024 passed by the learned Special Judge, NDPS Act Cases,

Bhilwara, in Criminal Misc. Case No.170/2024, arising out of FIR

No.49/2023, dated 27.03.2023, lodged at P.S. Bagore, District

Bhilwara, for the offences under Section 8/15 and 29 of NDPS Act,

wherein 35 kg of Poppy Husk and a mobile was recovered. Vide

impugned order, release of the vehicle in question (Maruti Car) on

Superdari bearing registration No.RJ-07-CA-4143 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.

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

[2024:RJ-JD:37677] (2 of 2) [CRLMP-6146/2024]

4. Vehicle was impounded on 27.03.2023 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 104-Sumit/-

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