Shivraj vs State Of Rajasthan (2024:Rj-Jd:39059)
2024 Latest Caselaw 8273 Raj

Rajasthan High Court - Jodhpur

Shivraj vs State Of Rajasthan (2024:Rj-Jd:39059) on 20 September, 2024

[2024:RJ-JD:39059]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6390/2024

Shivraj S/o Ramswaroop Bishnoi, Aged About 30 Years, R/o
Jaisinghdesar Magra (Jedimagra) Ps Nokha Dist. Bikaner
                                                                      ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)           :     Mr. Sunil Vishnoi
For Respondent(s)           :     Mr. Vikram Singh Rajpurohit, PP
                                  Mr. R.S. Bhati, AGA



               HON'BLE MR. JUSTICE ARUN MONGA

Order

20/09/2024

1. Under challenge before this Court is an order dated

23.05.2023 passed by the learned Special Judge, NDPS Act Cases

No.2, District Chittorgarh in Sessions Case No. 37/2021 (CIS

No.122/2023) pertaining to FIR No.0206/2020, under Sections

8/15 and 8/25 of NDPS Act, registered at Police Station Sadar

Nimbahera, District Chittorgarh. Vide impugned order, release of

the vehicle in question (Bolero Car) on supardari bearing

registration No.RJ-50-TA-0181 has been declined. Learned counsel

for the petitioner states that allegedly 7 plastic bags containing

160 kg and 100 grams of Poppy Straw was recovered from the

vehicle in question.

2. Learned counsel for the petitioner 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 supurdari. He further submits that

[2024:RJ-JD:39059] (2 of 2) [CRLMP-6390/2024]

vehicle was impounded on 07.08.2020 and ever since is lying

parked in the 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.

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that vehicle is a case property.

4. 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. 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 124-DhananjayS/-

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