Sharwan Ram vs State Of Rajasthan (2024:Rj-Jd:38030)
2024 Latest Caselaw 8039 Raj

Rajasthan High Court - Jodhpur

Sharwan Ram vs State Of Rajasthan (2024:Rj-Jd:38030) on 12 September, 2024

[2024:RJ-JD:38030]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5649/2024

Sharwan Ram S/o Sukh Ram, Aged About 37 Years, R/o Ummed
Nagar, Tehsil Tiwari, Dist. Jodhpur Through Agreement Holder
Ram Prakash @ Prakash @ Jay Prakash S/o Suke Ram R/o At
Ummed Nagar, Tehsil Tiwari, Dist. Jodhpur
                                                                         ----Petitioner
                                          Versus
State Of Rajasthan, Through Pp
                                                                       ----Respondent


For Petitioner(s)              :    Mr. Dinesh Kumar Bishnoi
For Respondent(s)              :    Mr. S.R. Choudhary, PP



               HON'BLE MR. JUSTICE ARUN MONGA

Order

12/09/2024

1. Under challenge before this Court is an order dated

28.06.2024 passed by the learned Additional Sessions Judge,

Gulabpura, Bhilwara in Criminal Misc. Case No.182/2024

pertaining to FIR No.161/2021, dated 09.06.2021, under Sections

8/15, 8/25 & 8/29 of NDPS Act, registered at Police Station

Gulabpura, District Bhilwara, wherein 205 Kg. Poppy Straw was

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

(Car) bearing registration No.RJ-19-CG-6396 has been declined.

2. Learned counsel for the petitioner submits that the

contraband was not recovered from the offending vehicle.

Concededly, the same was seized from another vehicle (Mahendra

Pick-up). 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 supurdari.

[2024:RJ-JD:38030] (2 of 2) [CRLMP-5649/2024]

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

4. Vehicle was impounded on 09.06.2021 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 71-Rmathur/-

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