Manphool vs State Of Rajasthan (2025:Rj-Jd:3648)
2025 Latest Caselaw 4881 Raj

Rajasthan High Court - Jodhpur

Manphool vs State Of Rajasthan (2025:Rj-Jd:3648) on 20 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:3648]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 8547/2024

Manphool S/o Ramewarlal, Aged About 40 Years, R/o Ward No.
2, Kudasu, Ps Muktaprasad Nagar, Teh. Nokha, Dist. Bikaner.
                                                                     ----Petitioner
                                     Versus
State Of Rajasthan, Through PP
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Anil Gupta
For Respondent(s)          :     Mr. N.S. Chandawat, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

20/01/2025

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

challenge has been made to the order dated 19.11.2024

passed by the learned Special Judge, NDPS Act Cases,

Bikaner (learned Additional Sessions Judge, No.1, Bikaner)

in Criminal Misc. Case No.565/2024 under Section 8/15 and

25 of NDPS Act pertaining to FIR No.253/2024 registered at

Police Station -Muktaprasad Nagar, District - Bikaner

whereby the prayer made by the petitioner for releasing the

vehicle in question (Taxi) bearing registration No. -RJ 50 PA

0871 along with the original Registration Certificate (RC),

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

[2025:RJ-JD:3648] (2 of 2) [CRLMP-8547/2024]

to get back the possession of the seized property. There is

no other person claiming Supurdagi of the same.

3. Learned Deputy Government Advocate opposed the instant

criminal misc. petition.

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 along with the original

Registration Certificate (RC) in favour of the petitioner on

interim custody till conclusion of the trial provided he

furnishes a Supurdaginama of Rs.3,00,000/- and surety of

like amount to the satisfaction of the Court below.

(FARJAND ALI),J 54-Ashutosh/-

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