Mahipal vs State Of Rajasthan (2025:Rj-Jd:11113)
2025 Latest Caselaw 7906 Raj

Rajasthan High Court - Jodhpur

Mahipal vs State Of Rajasthan (2025:Rj-Jd:11113) on 25 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:11113]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 9271/2024

Mahipal S/o Ganpatram, Aged About 30 Years, Through Power
Attorney Holder Sonaram S/o Ganpatram, Aged About 40 Years,
R/o Bhaduon Ki Dhani Nane U Tehsil And Dist. Phalodi (Raj.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Firoz Khan
For Respondent(s)         :     Mr. Vikram Rajpurohit, Dy.G.A. with
                                Mr. Ravindra



                HON'BLE MR. JUSTICE FARJAND ALI

Order

25/02/2025

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

has been made to the order dated 25.11.2024 passed by the

learned Special Judge, NDPS Act, Bikaner in Criminal Misc. Case

No.570/2024 pertaining to FIR No.145/2021, PS Nal, District

Bikaner whereby the prayer made by the petitioner for releasing

the vehicle in question (Truck) bearing registration No.RJ-19-GD-

2982, 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:11113] (2 of 2) [CRLMP-9271/2024]

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

4. Considering the submissions that the petitioner is special

power of attorney of Sonaram who executed the same in favour of

the petitioner on 12.11.2024 to seek for release of the vehicle

which was seized by the police in connection with FIR

No.145/2021, PS Nal, District Bikaner. The investigation in this

regard has been completed. Therefore, there seems no question of

genuineness of power of attorney owner and so also 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. 5,00,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 61-divya/-

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