Rajasthan High Court - Jodhpur
Omaram Vishnoi vs State Of Rajasthan (2025:Rj-Jd:10711) on 24 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:10711]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 267/2023
Omaram Vishnoi S/o Sh. Bhanwarlal Vishnoi, Aged About 37
Years, B/c Vishnoi, R/o Near Mahadev Mandir, Nayapura,
Chokha, P.S. Rajeev Gandhi Nagar, Teh. Mandore, Dist. Jodhpur.
----Petitioner
Versus
State Of Rajasthan, Through N.C.B., Jodhpur.
----Respondent
For Petitioner(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. M. R. Pareek, Special PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
24/02/2025
The petitioner has filed this criminal revision petition under
Section 397 R/w 401 of IPC to assail the impugned judgment
dated 19.02.2021 passed by Learned Additional Session Judge,
Bali, District Pali, whereby the learned trial Court rejected the
application under Section 451 Cr.P.C., moved by the petitioner for
releasing the vehicle Swift Dezire bearing registration No.RJ-19-
CD-9545.
I have heard learned counsel for the petitioner and learned
Special Public Prosecutor.
Learned counsel for the petitioner submits that the petitioner
is a registered owner of the vehicle in question. Learned counsel
for the petitioner, in support of his arguments, has placed reliance
on a decision of the co-ordinate Bench of this Court rendered at
Jaipur Bench in Prakash Chand Vs. State of Rajasthan reported in
2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle
[2025:RJ-JD:10711] (2 of 3) [CRLR-267/2023]
and other articles were seized from the accused for carrying
contraband of small quantity just above the commercial quantity.
It is in that background, the Court has acceded to the prayer of
the incumbent and recorded its finding that solely for the reason
that the vehicle and other articles are likely to be confiscated after
trial, conditional release of the vehicle and other articles on
Supurdginama and surety cannot be denied and interim custody of
the vehicle and other articles can be granted to the incumbent on
certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and co-
ordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
Accordingly, the instant revision petition is allowed and the
order dated 19.02.2021 is hereby quashed and set aside and the
vehicle Swift Dezire bearing registration No.RJ-19-CD-9545 in
question is ordered to be released on 'supardgi' till the completion
of the trial upon following conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.6,00,000/- each with two sureties of
Rs.3,00,000/- each to the satisfaction of the trial
Court undertaking to produce the vehicle in question
in the Court as and when required to do so.
(b) the petitioner shall get the Swift Dezire bearing
registration No.RJ-19-CD-9545 photographed
showing the registration number as well as the
chassis number. Such photograph shall be taken in
the presence of the Investigating Officer, to be kept
on the file of the case.
(c) the personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
[2025:RJ-JD:10711] (3 of 3) [CRLR-267/2023]
petitioner and his sureties and the bond of sureties
shall further carry the photograph of perhaps
identifying them before the Court which is with full
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the Swift Dezire bearing registration
No.RJ-19-CD-9545 and not to lease it to anyone and
not to make or allow any changes in it to be made so
as to make unidentifiable.
(e) the petitioner will not allow the Swift Dezire
bearing registration No.RJ-19-CD-9545 to be used
for any antisocial activities including for the purpose
of carrying narcotics which may constitute offence
under the NDPS Act."
(MANOJ KUMAR GARG),J
27-mSingh/-
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