Mahesh Ojha vs State Of Rajasthan (2025:Rj-Jd:36882)
2025 Latest Caselaw 9580 Raj

Rajasthan High Court - Jodhpur

Mahesh Ojha vs State Of Rajasthan (2025:Rj-Jd:36882) on 18 August, 2025

[2025:RJ-JD:36882]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5953/2025

Mahesh Ojha S/o Bhanwar Lal Ojha, Aged About 42 Years,
Resident Of Dhikhnada Bas Mudsar Tehsil And District Bikaner.
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. J.K.Suthar
For Respondent(s)          :     Mr. Srimram Choudhary, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

18/08/2025

1. By way of filing the instant criminal msic. petition, challenge

has been made to the order dated 28.05.2025 passed by the

learned Special Judge, NDPS Cases, Sanchore, District Jalore in

Criminal Misc. Case No.327/2025 pertaining to FIR No.39/2025

registered at Police Station Chitalwana, whereby the prayer made

by the petitioner for releasing the vehicle in question (Bolero

Pickup) bearing registration No.RJ-07-GC-5838, 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:36882] (2 of 2) [CRLMP-5953/2025]

3. Learned Public Prosecutor opposed the instant criminal misc.

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 criminal misc 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. 6,00,000/- and surety of like amount to the

satisfaction of the Court below.

(MUKESH RAJPUROHIT),J 183-Hanuman/-

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