Rajasthan High Court - Jodhpur
Sona Ram vs State Of Rajasthan (2025:Rj-Jd:1090) on 8 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:1090]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 6/2025
Sona Ram S/o Shri Bharmal Ram, Aged About 32 Years, R/o
Dhadharwalo Ki Dhani, Dayasagar, Khara Police Station Phalodi,
Dist. Phalodi.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ashok Kumar
For Respondent(s) : Ms. Sonu Manawat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
08/01/2025
The petitioner has filed this criminal revision petition under
Section 438 & 442 BNSS to assail the impugned judgment dated
17.12.2024 passed by Learned Additional Session Judge (Special
Judge NDPS Act Cases), Phalodi, whereby the learned trial Court
rejected the application under Section 497 BNSS (Section 451
Cr.P.C.), moved by the petitioner for releasing the vehicle
Motorcycle bearing registration No.RJ 43 SD 3963.
I have heard learned counsel for the petitioner and learned
Public Prosecutor.
Learned counsel for the petitioner submits that the petitioner
is a registered owner of the vehicle in question and the challan of
the case has already been presented. 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
[2025:RJ-JD:1090] (2 of 3) [CRLR-6/2025]
2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle
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 17.12.2024 is hereby quashed and set aside and the
vehicle Motorcycle bearing registration No.RJ 43 SD 3963 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 Motorcycle in the
Court as and when required to do so.
(b) the petitioner shall get the Motorcycle bearing
registration No.RJ 43 SD 3963 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.
[2025:RJ-JD:1090] (3 of 3) [CRLR-6/2025]
(c) the personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
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 Motorcycle bearing registration
No.RJ 43 SD 3963 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 Motorcycle
bearing registration No.RJ 43 SD 3963 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
62-mSingh/-
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