Prakash vs State Of Rajasthan (2025:Rj-Jd:6227)
2025 Latest Caselaw 5813 Raj

Rajasthan High Court - Jodhpur

Prakash vs State Of Rajasthan (2025:Rj-Jd:6227) on 30 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:6227]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 8037/2024

Prakash S/o Sh. Shaitana Ram, Aged About 46 Years, R/o Ward
No. 5, Mithadiya Teh. Bajju Dist. Bikaner.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Kailash Khilery
For Respondent(s)          :    Mr. Shriram Choudhary, Addl. G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

30/01/2025

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

challenge has been made to the order dated 04.11.2024 passed

by the learned Special Judge, NDPS Act Cases, Bikaner in Criminal

Misc. Case No.525/2024 pertaining to FIR No.211/2024 registered

at the Police Station Bajju, District Bikaner, whereby the prayer

made by the petitioner for releasing the vehicle in question

(Motorcycle Honda CD 110 Dream Deluxe) bearing registration No.

RJ-07-LS-8636, has been declined.

2. Learned counsel for the petitioner submits that he is the

registered 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.

[2025:RJ-JD:6227] (2 of 2) [CRLMP-8037/2024]

3. Learned Public Prosecutor opposed the miscellaneous

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 instant miscellaneous

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. 50,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 78-Pramod/-

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