Subhash vs State Of Rajasthan (2025:Rj-Jd:34761)
2025 Latest Caselaw 4273 Raj

Rajasthan High Court - Jodhpur

Subhash vs State Of Rajasthan (2025:Rj-Jd:34761) on 5 August, 2025

[2025:RJ-JD:34761]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6221/2025

Subhash S/o Bhanwarlal, Aged About 41 Years, R/o Gangawas
Police Station Mandali District Barmer
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Public Prosecutor
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Sanjay Bishnoi
For Respondent(s)           :     Mr. Narendra Singh Chandawat, Public
                                  Prosecutor



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

05/08/2025

1. By way of filing the present criminal misc. petition under

Section 528 BNSS, the petitioner has prayed for quashing and

setting aside the order dated 01.07.2025, passed by the learned

Special Judge, NDPS Act Cases, Shahpura, District Bhilwara in FIR

No.163/2024, P.S. Hanuman Nagar, District Bhilwara and the

vehicle Bolero Pick Up bearing registration No.RJ-14-GR-2397 may

be released to the petitioner on superdari.

2. Learned counsel for the petitioner submits that the Hon'ble

Supreme Court of India in the case of Sunderbhai Ambalal

Desai Vs. State of Gujarat reported in 2002 (10) SCC 283 was

pleased to hold that the vehicle should not be permitted to remain

parked for a long period of time in the police station as the same

shall gather rust and shall not remain useful thereupon. Learned

counsel therefore submits that the impugned order dated

[2025:RJ-JD:34761] (2 of 2) [CRLMP-6221/2025]

01.07.2025 whereby the prayer for release of vehicle in favour of

the petitioner was refused, deserves to be set aside.

3. Learned Public Prosecutor has opposed the prayer made on

behalf of the petitioner for release of the vehicle.

4. Relying upon the judgment of the Hon'ble Supreme Court in

the case of Sunderbhai Ambalal Desai Vs. State of Gujarat

reported in 2002 (10) SCC 283, the present petition is allowed

and the learned trial Court is directed to release the vehicle Bolero

Pick Up bearing registration No.RJ-14-GR-2397 which has been

seized as case property, by imposing the following conditions:-

a) That the petitioner shall keep the vehicle so released intact and shall not change its identification;

b) That the petitioner shall produce the vehicle as and when required by the trial court for proposed identification of the case property;

c) That the petitioner shall execute Supurdginama/ indemnity bond and two sureties bond to the satisfaction of the trial court, and

d) The trial court is empowered to impose any other conditions in the Supurdginama/indemnity bond and surety bonds to be fulfilled by the petitioner, which it may deem fit.

5. Needless to say, the trial court shall first verify that the

petitioner is the registered owner of the vehicle in question before

releasing the same.

6. Consequently, the present criminal misc. petition is allowed.

7. All pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J 129-Ramesh/-

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