Sawai Singh vs State Of Rajasthan (2025:Rj-Jd:9166)
2025 Latest Caselaw 7351 Raj

Rajasthan High Court - Jodhpur

Sawai Singh vs State Of Rajasthan (2025:Rj-Jd:9166) on 14 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:9166]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1288/2025

Sawai Singh S/o Jaswant Singh, Aged About 28 Years, R/o
Gopalsar, P.s. Balesar, Tehsil Balesar, Dist. Jodhpur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Suresh Joshi
                                Mr. Shri Kishan Joshi
For Respondent(s)         :     Mr. Shree Ram Choudhary, AGA



                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 06.12.2024 passed by the

learned Special Court, NDPS Act Judge No.1 Jodhpur in Criminla

Misc. Case No.717/2024 pertaining to FIR No.114/2021 registered

at Police Station Balesar, District Jodhpur whereby the prayer

made by the petitioner for releasing the vehicle in question

(Motorcycle) bearing registration No. RJ-19-BZ-3816, 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:9166] (2 of 2) [CRLMP-1288/2025]

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 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. 70,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 48-divya/-

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