Radhe Shyam vs State Of Rajasthan (2025:Rj-Jd:1879)
2025 Latest Caselaw 4092 Raj

Rajasthan High Court - Jodhpur

Radhe Shyam vs State Of Rajasthan (2025:Rj-Jd:1879) on 10 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:1879]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 8680/2024

Radhe Shyam S/o Bhanwarlal, Aged About 29 Years, R/o Ward
No. 04, Manyana, P.s. Nokha, Dist. Bikaner
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)            :   B.R. Godara
For Respondent(s)            :   Mr. Lalit Kishor Sen, DyGA


          HON'BLE MR. JUSTICE FARJAND ALI

Order 10/01/2025

1. By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 25.11.2024 passed

by the learned Court Special Judge NDPS Act Cases Bikaner,

District Bikaner in Session Case No.569/2024 pertaining to FIR

No.53/2024 registered at Police Station Gangashahar, District

Bikaner whereby the prayer made by the petitioner for releasing

the vehicle in question (Scorpio) bearing registration No. RJ 07 TA

4678, 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 criminal

miscellaneous petition.

[2025:RJ-JD:1879] (2 of 2) [CRLMP-8680/2024]

4. In view of the order dated 10.11.2022 passed by Hon'ble the

Supreme Court in Criminal Appeal No. 2005/2022 titled 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 as determined by the Special Court, this Court deems it

appropriate to allow the petition and release the vehicle in favour

of the petitioner provided he furnishes a Supurdaginama of Rs.

4,00,000/- and surety of like amount to the satisfaction of the

Magistrate concerned.

5. 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 revision 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 391-minki/-

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