Rajasthan High Court - Jodhpur
Mohammed Ramzan vs State Of Rajasthan (2025:Rj-Jd:5043) on 27 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:5043]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 976/2024
Mohammed Ramzan S/o Shri Chhotu Khan, Aged About 26
Years, R/o Near Hasnen Charitable Trust, Sarvodya Basti,
Bikaner Presently R/o House No. 1/178, Muktaprasad Nagar,
Distt. Bikaner.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Kumar
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/01/2025
Petitioner has filed this criminal revision petition under
Section 397/401 Cr.P.C. to assail the impugned judgment dated
24.06.2024 passed by learned Special Judge, NDPS Act, Bikaner
(Additional Session Judge No.1, Bikaner) whereby the learned trial
Court rejected the application under Section 457 Cr.P.C. moved by
the petitioner for releasing the vehicle Motorcycle Hero Moto Corp
bearing registration No.RJ-07-RS-7653.
I have heard learned counsel for the petitioner and learned
Public Prosecutor.
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 2010(1) Cr.L.R.(Raj.) 507. In the
aforesaid judgment, the vehicle and other articles were seized
[2025:RJ-JD:5043] (2 of 3) [CRLR-976/2024]
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 24.06.2024 is hereby quashed and set aside and the
vehicle Motorcycle Hero Moto Corp bearing registration No.RJ-07-
RS-7653, in question is ordered to be released on 'supardgi' till
the completion of the trial upon following conditions:-
(a) the petitioner shall furnish a personal bond in
the sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the trial Court
and shall give undertaking to produce the vehicle in
the Court as and when required to do so.
(b) the petitioner shall get the vehicle
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.
(c) the personal bond 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 persons identifying them
before the Court which is with full residential
particulars of the sureties and the persons identifying
them.
[2025:RJ-JD:5043] (3 of 3) [CRLR-976/2024]
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle 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 vehicle in
question 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
120-MS/-
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