Devkaran vs State Of Rajasthan (2025:Rj-Jd:6687)
2025 Latest Caselaw 6357 Raj

Rajasthan High Court - Jodhpur

Devkaran vs State Of Rajasthan (2025:Rj-Jd:6687) on 3 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:6687]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 6369/2024

Devkaran S/o Ganesharam Jat, Aged About 38 Years, R/o Daro
Ki Dhani, Sirsu, Gachhipura, Dist. Didwana Kuchaman. Through
Special Power Attorney Holder Devaram S/o Ganesharam Jat, R/
o Daro Ki Dhani, Sirsu Gachhipura, Dist. Didwana Kuchaman,
Dist. Nagaur.
                                                                         ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)              :    Mr. Rakesh Matoria
For Respondent(s)              :    Mr. Surendra Bishnoi, P.P.



                  HON'BLE MR. JUSTICE FARJAND ALI

Order

03/02/2025

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

Section 503 BNSS, challenge has been made to the order dated

05.09.2024 passed by the learned Special Judge, NDPS Cases,

Bhilwara in Criminal Case No.204/2024 District Bhilwara,

pertaining to FIR No.308/2024 registered at Police Station Mandal,

District Bhilwara for the offence under Section 8/15 of the NDPS

Act whereby the prayer made by the petitioner for releasing the

vehicle in question (Mahindra Bolero Car) bearing registration

No.RJ21 UB-7159, 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

[2025:RJ-JD:6687] (2 of 2) [CRLMP-6369/2024]

back the possession of the seized property. There is no other

person claiming supurdagi of the same.

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 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. 5,00,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 193-Ravi Khandelwal

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