Nanuram Nath vs State Of Rajasthan (2025:Rj-Jd:1848)
2025 Latest Caselaw 4084 Raj

Rajasthan High Court - Jodhpur

Nanuram Nath vs State Of Rajasthan (2025:Rj-Jd:1848) on 10 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:1848]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 240/2025

Nanuram Nath S/o Kailash Nath Ji, Aged About 26 Years, R/o
House No.40, Ward No. 02, Kotda Mata, Mandsore, (Madhya
Pradesh)
                                                                          ----Petitioner
                                       Versus
State Of Rajasthan, Through PP
                                                                     ----Respondent


For Petitioner(s)            :     Mr. Pritam Joshi
For Respondent(s)            :     Mr. Shriram Choudhary, Addl. GA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

10/01/2025

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

has been made to the order dated 04.12.2024 passed by the

learned learned Additional Sessions Judge Bali, District Pali in

Sessions Case No.39/2024 pertaining to FIR No.71/2023

registered at Police Station Nana, District Pali, whereby the prayer

made by the petitioner for releasing the vehicle in question (Truck/

Car) bearing registration No.MP 14 GC 2550, has been declined.

2. Learned counsel for the petitioner submits that the petitioner

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:1848] (2 of 2) [CRLMP-240/2025]

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

4. Considering the submissions and following the judgments

rendered by Hon'ble the Supreme Court in the cases of

(i) Sunderbhai Ambalal Desai Vs. State of Gujarat reported in

AIR 2003 SC 638, (ii) Sainaba Vs. The State of Kerala & Anr.

[Criminal Appeal No. 2005/2022 (Arising out of Special

Leave Petition (Crl.) No.7280/2022] decided 18.11.2022 and

(iii) Bishwajit Dey Vs. The State of Assam [Criminal Appeal

No.87/2025 (Arising out of Special Leave Petition (Crl.)

No.13370/2024)] decided on 07.01.2025, 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

instant criminal 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 368-Hanuman/-

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