Rajasthan High Court - Jodhpur
Navratan Singh vs State Of Rajasthan (2025:Rj-Jd:36066) on 12 August, 2025
[2025:RJ-JD:36066]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6447/2025
Navratan Singh S/o Gopal Singh, Aged About 35 Years, Resident
Of Datada/chota Kishangarh, Tehsil And Police Station Kotdi,
District Bhilwara, Rajasthan ----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Jai Kishan Haniya
For Respondent(s) : Mr. Narendra Singh, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
12/08/2025
1. By way of filing the present criminal misc. petition under
Section 528 BNSS (Corresponding to Section 482 Cr.P.C.), the
petitioner has prayed for the following relief(s) :-
"It is, therefore, most respectfully prayed on behalf
of the Petitioner that the present criminal
miscellaneous petition may kindly be allowed and the
order dated July 29, 2025, passed by the learned
Special Judge, NDPS, Shahpura, District Bhilwara
may kindly be quashed and set aside and the vehicle
may kindly be released without imposition of any
condition or fine. ...."
2. Learned counsel for the petitioner submitted 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 submitted that the impugned order dated 29.07.2025,
[2025:RJ-JD:36066] (2 of 2) [CRLMP-6447/2025]
whereby the prayer for release of the 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 (Supra.), the present
petition is allowed and the learned trial court is directed to release
the Motorcycle bearing registration No.RJ-06-BB-8587 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 surety bonds
to the satisfaction of the learned trial court, and
d) That the learned 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 learned 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
277-mSingh/-
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