Birmaram vs State Of Rajasthan (2025:Rj-Jd:17987)
2025 Latest Caselaw 11186 Raj

Rajasthan High Court - Jodhpur

Birmaram vs State Of Rajasthan (2025:Rj-Jd:17987) on 7 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:17987]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2755/2025


Birmaram S/o Jairam Ji Baniwal, Aged About 34 Years, R/o
Vishnoiyon Ka Bass, Jaliyali, P.s. Jhanwar Dist Jodhpur

                                                                      ----Petitioner

                                       Versus

State Of Rajasthan, Through Pp

                                                                    ----Respondent




For Petitioner(s)            :     Mr. Ashok Khillery
For Respondent(s)            :     Mr. VS Rajpurohit, Dy.G.A.


                HON'BLE MR. JUSTICE FARJAND ALI

Order

07/04/2025

1. By way of filing the instant criminal misc. petition, challenge

has been made to the order dated 04.03.2025 passed by the

learned Special Judge, NDPS Act Cases, Beghu, District

Chittorgarh in Criminal Misc. Case No.123/2025 pertaining to FIR

No. 32/2025 registered at Police Station Beghu, District

Chittorgarh whereby the application filed by the petitioner for

releasing the vehicle in question (Marutri Car) bearing registration

No. RJ 31 CA 1521, Aadhar Card, Pen Card, Driving Licence,

Mobile has been declined.

2. Learned counsel for the petitioner submits that he is the

owner of the vehicle and mobile in question which have been

seized by the Police Officers. He further submits that the petitioner

being the owner of the vehicle and mobile in question, is the

[2025:RJ-JD:17987] (2 of 3) [CRLMP-2755/2025]

person best entitled to get back the possession of the seized

property. There is no other person claiming supurdagi of the

same. He further submits that the petitioner needs his aadhar

card, pen card and driving license for his personal use.

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

4. Considering the submissions and following 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, the criminal misc. petition is

allowed and 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

Supurdaginama of Rs. 3,00,000/- and surety of like amount to the

satisfaction of the Court below. It is also directed that the aadhar

card, pen card and license of the petitioner shall also be released

after keeping photo copies of the same on record by the learned

trial Court.

5. Since, mobile of the petitioner may be required as a piece of

evidence, no order of its release is passed at this stage.

[2025:RJ-JD:17987] (3 of 3) [CRLMP-2755/2025]

Appropriate directions in this regard may be issued after the

statement of the Seizing Officer is recorded during the trial.

(FARJAND ALI),J 84-divya/-

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