Citation : 2025 Latest Caselaw 11404 Raj
Judgement Date : 15 April, 2025
[2025:RJ-JD:18567]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 386/2025
Mangi Lal S/o Gopala Ram, Aged About 29 Years, R/o Jaisla , P.s.
Bhojasar, Dist Phalodi Raj
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. BR Godara
For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/04/2025
1. By way of filing the instant criminal revision petition,
challenge has been made to the order dated 25.02.2025 passed
by the learned Add. Session Judge District Phalodi in Crlm. Misc.
Case No.95/2025 pertaining to FIR No. 112/2024 registered at
Police Station Bhojasar, District Phalodi whereby the prayer made
by the petitioner for releasing the vehicle in question (Bolero
Camper) bearing registration No. RJ43-GA-2142 has been
declined.
2. Learned counsel for the petitioner submits that he is the
owner of the vehicle in question which has been seized by the
Police Officers. He further submits that the petitioner being the
owner of the vehicle in question, is the person best entitled to get
back the possession of the seized property. There is no other
person claiming supurdagi of the same.
[2025:RJ-JD:18567] (2 of 2) [CRLR-386/2025]
3. Learned Public Prosecutor opposed the instant criminal
revision 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 revision 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. 4,00,000/- and surety of like amount to the satisfaction of the
Court below.
(FARJAND ALI),J 119-Chhavi/-
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