Jitendra @ Ritik vs State Of Rajasthan (2025:Rj-Jd:81)
2025 Latest Caselaw 3666 Raj

Rajasthan High Court - Jodhpur

Jitendra @ Ritik vs State Of Rajasthan (2025:Rj-Jd:81) on 2 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:81]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 9154/2024

Jitendra @ Ritik S/o Ramlal, Aged About 22 Years, R/o
Surtanagar, Khudala, Police Station Jhanwar, Dist. Jodhpur.
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Jayant Joshi
For Respondent(s)           :     Mr. Sri Ram Choudhary, AGA



                  HON'BLE MR. JUSTICE FARJAND ALI

Order

02/01/2025

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

has been made to the order dated 06.12.2024 passed by learned

Special Judge for NDPS Act Cases No.1, Jodhpur, in Criminal Misc.

Case No.724/2024 pertaining to FIR No.120/2024 registered at

Police Station Jhanwar, District - Jodhpur City West whereby the

prayer made by the petitioner for releasing the vehicle in question

bearing registration No. - RJ19 DP 9831, 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.

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

[2025:RJ-JD:81] (2 of 2) [CRLMP-9154/2024]

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. 50,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 56-chhavi/-

Powered by TCPDF (www.tcpdf.org)