Sayab Khan vs State Of Rajasthan (2024:Rj-Jd:37801)
2024 Latest Caselaw 7988 Raj

Rajasthan High Court - Jodhpur

Sayab Khan vs State Of Rajasthan (2024:Rj-Jd:37801) on 11 September, 2024

[2024:RJ-JD:37801]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6204/2024

Sayab Khan S/o Sh. Samsu Khan, Aged About 33 Years, R/o
Kansingh Ki Sid, Ps Bap, Dist. Phalodi, Raj.
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :     Mr. BR Godara
For Respondent(s)         :     Ms. Sonu Manawat, PP.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

11/09/2024

1. Under challenge before this Court is an order dated

29.08.2024 passed by the learned Additional Sessions Judge,

Phalodi (Special Judge, NDPS Act Cases), Phalodi, in Criminal

Misc. Case No.455/2024, arising out of FIR No.92/2024, lodged at

P.S. Bap, District Phalodi, for the offences under Sections 8/15 and

25 of NDPS Act, wherein 8kg poppy husk (below commercial

quantity) was recovered. Vide impugned order, release of the

vehicle in question (Swift Dzire Car) on Superdari bearing

registration No.RJ-43-CA-4042 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:37801] (2 of 2) [CRLMP-6204/2024]

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

4. Vehicle was impounded on 13.06.2024 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.

(ARUN MONGA),J 110-/Jitender//-

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