Arjun Singh vs State Of Rajasthah (2025:Rj-Jd:581)
2025 Latest Caselaw 3785 Raj

Rajasthan High Court - Jodhpur

Arjun Singh vs State Of Rajasthah (2025:Rj-Jd:581) on 6 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:581]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Misc(Pet.) No. 9394/2024

 Arjun Singh S/o Jabbar Singh, Aged About 37 Years, R/o
 Mundara, Teh. Bali, Dist. Pali,raj.
                                                                      ----Petitioner
                                       Versus
 State Of Rajasthah, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Lalkar Singh
For Respondent(s)            :     Mr. Surendra Choudhary, AGA



                   HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2025

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

challenge has been made to the order dated 18.11.2024

passed by the learned Additional District Judge, Bali, District

Pali, in C.R. No.74/2023 whereby the prayer made by the

petitioner for releasing the vehicle in question (Motorcycle)

bearing registration No.RJ-22-SM-6184, 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 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:581] (2 of 2) [CRLMP-9394/2024]

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 107-Samvedana/-

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