Kashmeer Singh vs State Of Rajasthan (2024:Rj-Jd:39741)
2024 Latest Caselaw 8478 Raj

Rajasthan High Court - Jodhpur

Kashmeer Singh vs State Of Rajasthan (2024:Rj-Jd:39741) on 24 September, 2024

[2024:RJ-JD:39741]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6503/2024

Kashmeer Singh S/o Shri Jeet Singh, Aged About 55 Years, R/o
1. H-Bada, P.s. Hindu-Malkot, Dist. Sri Ganganagar, At Present
Lodged Sub Jail, Suratgarh, Through His Power Of Attorney Shri
Gurpreet Singh S/o Shri Keashmeer Singh Age 31 Years, R/o -1-
H-Bada, P.s. Hindu-Malkot, Dist. Sriganganagar,raj.
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent

For Petitioner(s)         :     Mr. S.R. Godara
For Respondent(s)         :     Mr. H.S. Jodha, PP


         HON'BLE MR. JUSTICE ARUN MONGA

Order 24/09/2024

1. Under challenge before this Court is an order dated

11.09.2024 passed by the learned Additional Sessions Judge,

Suratgarh, District Sri Ganganagar in Criminal Misc. Case No. 52-

A/2024 pertaining to FIR No.277/2023, under Sections 8/15, 8/25

and 8/29 of NDPS Act, registered at Police Station Suratgarh,

District Sri Ganganagar. Vide impugned order, release of the

vehicle in question (Truck) on supardari bearing registration

No.RJ-19-CC-9239 has been allowed with a condition to deposit

Rs.10,00,000/- as bank guarantee.

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 states that offending

vehicle is not involved in any other case. It is the only source of

livelihood of the petitioner which is being illegally kept in police

station on the sole premise that the same is required to be

[2024:RJ-JD:39741] (2 of 2) [CRLMP-6503/2024]

inspected at the time of evidence at the appropriate stage by the

learned trial Court. He further submits that vehicle was impounded

on 13.10.2023 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 an undertaking that vehicle shall not be

sold without permission of learned trial Court and furnish a

Supurdarinama on usual terms 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 64-DhananjayS/-

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