Shyam Sunder vs State Of Rajasthan
2024 Latest Caselaw 8641 Raj

Rajasthan High Court - Jodhpur

Shyam Sunder vs State Of Rajasthan on 27 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

                                       (1 of 2)                         [CRLR-1571/2023]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR



           S.B. Criminal Revision Petition No. 1571/2023




Shyam Sunder S/o Sh. Madan Lal, Aged About 28 Years, R/o Gali
No. 18, Near Soni Std, Rampura Basti, Bikaner.
                                                                        ----Petitioner
                                      Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent


For Petitioner(s)            :    Mr. Amit Gaur
For Respondent(s)            :    Mr. Surendra Bishnoi, PP



           HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

27/09/2024

Heard the parties.

This criminal revision is preferred against the order dated

02.11.2023 passed by the learned Special Judge, NDPS Act Cases,

Bikaner in Criminal Misc. Application No.461/2023, arising out of

FIR No.265/2023 registered with Police Station Kotgate, District

Bikaner.

Two-wheeler of the petitioner bearing registration No.RJ-07-

MS-5772 was seized in connection with FIR No.265/2023

registered under the NDPS Act with Police Station Kotgate, District

Bikaner.

(2 of 2) [CRLR-1571/2023]

Prayer for release of the two-wheeler was refused vide

impugned order only for the reason that the two-wheeler is

subject-matter of confiscation.

It has been informed that confiscation proceeding has been

initiated up till now and the concerned Police Station has served

notice to the petitioner dated 18.09.2024 informing that if the

petitioner would not get the two-wheeler released, it would be

auctioned.

As no purpose would be served by continued detention of the

two-wheeler in police lockup lying since long and considering the

judgment of the Hon'ble Supreme Court in the case of Sunder

Bhai Ambalal Desai Vs. State of Gujarat reported in AIR

2003 (SC) 638, the prayer for interim custody of the two-

wheeler to the petitioner is allowed on execution of a bond of

Rs.25,000/- with two sureties of the like amount.

The petitioner shall not sell the two-wheeler without

permission of the Court.

Accordingly, the instant criminal revision stands disposed of.

(BIRENDRA KUMAR),J 32-deep/-

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