Saddam Husen vs State Of Rajasthan (2025:Rj-Jd:19835)
2025 Latest Caselaw 12210 Raj

Rajasthan High Court - Jodhpur

Saddam Husen vs State Of Rajasthan (2025:Rj-Jd:19835) on 24 April, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:19835]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1971/2025

Saddam Husen S/o Mohmmad Sabir, Aged About 32 Years,
Resident Of Ward No 2, Indira Colony, Tehsil And District Nagour.
(Rajasthan)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :      Mr. Kamal Solanki
For Respondent(s)           :      Mr. Surendra Bishnoi, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                      ORDER

24/04/2025

The instant criminal misc. petition has been filed by the

petitioner against the order dated 11.2.2025 passed by the

learned Special Judge, NDPS Act Cases, Hanumangarh in Cr.Misc.

Case No.32/2025 (Sessions Case No.33/2025) whereby the

application filed by the petitioner for releasing the truck

registration No. RJ19-GB-4579 on Supardginama has been

allowed.

Learned counsel for the petitioner submitted that the vehicle

in question after being seized has been kept in an open area and it

will be rendered useless if allowed to be continued to be kept at

an open place. Learned counsel submitted that the petitioner is

not in a position to satisfy the conditions imposed by the learned

trial court for release of the said vehicle, therefore, he implored

the Court that the conditions imposed by learned trial Court in its

order dated 11.2.2025 may be relaxed.

[2025:RJ-JD:19835] (2 of 2) [CRLMP-1971/2025]

Learned counsel submitted that it is not in dispute that the

petitioner is the power of attorney holder of the registered owner

of the vehicle No.RJ19-GB-4579. Reliance was placed on the

judgment rendered by the Hon'ble Supreme Court of India in the

case of Sunderbhai Ambalal Desai Vs. State of Gujarat

reported in AIR 2003 SC 638.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the case,

the present criminal misc. petition is disposed of and it is ordered

that the truck No. RJ19-GB-4579 be released in favour of the

petitioner on his furnishing a bank guarantee of Rs.10,00,000/-

and a Supardginama alongwith bank guarantee/cash amount of

Rs.10,00,000/-. The other conditions of the order dated 11.2.2025

passed by learned Special Judge, NDPS Act Cases, Hanumangarh

in Cr.Misc. Case No.32/2025 (Sessions Case No.32/2025) shall

remain the same. The impugned order dated 11.2.2025 is hereby

modified to the above extent. The learned Special Judge, NDPS

Act Cases, Hanumangarh is directed to release the vehicle of the

petitioner in accordance with this order.

The stay application and other applications if any are also

disposed of.

(KULDEEP MATHUR),J 54-TarunGoyal/-

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