Balwinder Singh vs State Of Rajasthan (2025:Rj-Jd:20708)
2025 Latest Caselaw 11549 Raj

Rajasthan High Court - Jodhpur

Balwinder Singh vs State Of Rajasthan (2025:Rj-Jd:20708) on 16 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:20708]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 111/2025

Balwinder Singh S/o Shri Banta Singh, Aged About 57 Years, R/o
Ward No. 09, Panjawa, Tehsil Malot, Dist. Sri Muktsar Sahib,
Punjab.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. NK Sharma
                                Ms. Gunjan Sharma
                                Mr. Saurabh Soni
                                Mr. Durgesh Khatri
For Respondent(s)         :     Mr. Vikram Rajpurohit, Dy.G.A.
                                Mr. Ravindra Singh bhati, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

16/04/2025

1. By way of filing of the instant criminal revision petition,

challenge has been made to the order dated 09.01.2025 passed

by the learned Special Judge, NDPS Act Cases, Hanumangarh,

Rajasthan in Criminal Misc. Case No.300/2024 pertaining to FIR

No.571/2018 registered at the Police Station Hanumangarh Town,

District Hanumangarh, whereby the prayer made by the petitioner

for releasing the vehicle in question (Truck) bearing registration

No. PB-04-AA-6847, has been declined.

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

registered owner of the vehicle in question which has been seized

by the Police Officers. He submits that the petitioner being the

[2025:RJ-JD:20708] (2 of 2) [CRLR-111/2025]

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.

3. Learned Public Prosecutor opposed the 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 instant 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. 5,00,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 36-Rakesh/-

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