Sohan Lal vs State Of Rajasthan (2025:Rj-Jd:9163)
2025 Latest Caselaw 7296 Raj

Rajasthan High Court - Jodhpur

Sohan Lal vs State Of Rajasthan (2025:Rj-Jd:9163) on 14 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:9163]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 915/2025

Sohan Lal S/o Madan Lal, Aged About 30 Years, R/o Bhadani
Bas, Palana, District Bikaner.
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Kshitij Vyas
For Respondent(s)            :     Mr. Shree Ram Choudhary, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

14/02/2025

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

has been made to the order dated 28.01.2025 passed by the

learned Special Judge of NDPS Act Cases, Bikaner in Criminal

Misc. Case No.44/2025 pertaining to FIR No. 04/2025 registered

at Police Station Deshnok, District Bikaner whereby the prayer

made by the petitioner for releasing the vehicle in question

(Toyota Innova) bearing registration No. RJ-07-UB-1677, 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:9163] (2 of 2) [CRLMP-915/2025]

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 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. 8,00,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 46-divya/-

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