Dinesh vs State Of Rajasthan (2025:Rj-Jd:4568)
2025 Latest Caselaw 5238 Raj

Rajasthan High Court - Jodhpur

Dinesh vs State Of Rajasthan (2025:Rj-Jd:4568) on 23 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:4568]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 675/2025
Dinesh S/o Shri Om Prakash, Aged About 42 Years, R/o
Bhambhuo Ka Bass, Godu, District Bikaner. Power Of Attorney
Through Shyam Sunder S/o Shri Om Prakash, R/o Bhambhuo Ka
Bass, Godu, District Bikaner.
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent


For Petitioner(s)            :     Ms. Alisha
For Respondent(s)            :     Mr. Vikram Singh Rajpurohit, Dy.G.A.
                                   Mr. Ravindra Singh Bhati, Asst.G.A.


          HON'BLE MR. JUSTICE FARJAND ALI

Order 23/01/2025

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

challenge has been made to the order dated 18.01.2025

passed by learned Special Judge, NDPS Act Cases, Bikaner

(learned Additional Sessions Judge, Phalodi) in Criminal

Misc. Sessions Case No.48/2024 under Section 8/21 and 25

of NDPS Act pertaining to FIR No.103/2024 registered at

Police Station -Lohawat, District - Jodhpur whereby the

prayer made by the petitioner for releasing the vehicle in

question (Scorpio) bearing registration No. -RJ 07 UC 0061,

has been declined.

2. Learned counsel for the petitioner submits that the petitioner

is power of attorney holder of the owner of the vehicle in

question which has been seized by the Police Officers. He

submits that, as the full-blooded brother and power of

attorney holder of the owner of the vehicle in question, the

petitioner is the person best entitled to get back the

[2025:RJ-JD:4568] (2 of 2) [CRLMP-675/2025]

possession of the seized property. There is no other person

claiming Supurdagi of the same. An affidavit to the effect

that the registered owner has no objection if the vehicle is

given to the petitioner has also been executed.

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 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, subject to the condition that the petitioner

submits an affidavit of the Registered Owner of the vehicle in

question, executed in his favour, showing special power of

attorney of this case, to the satisfaction of the Court below.

(FARJAND ALI),J 335-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)