Vishnudas vs State Of Rajasthan (2025:Rj-Jd:28209)
2025 Latest Caselaw 1570 Raj

Rajasthan High Court - Jodhpur

Vishnudas vs State Of Rajasthan (2025:Rj-Jd:28209) on 1 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28209]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 4619/2025

Vishnudas S/o Sh. Ashudas Vaishnav, Aged About 31 Years, R/o
Jhanjharo Ka Kheda, Palasiya, Ps Bhoalsaga, Dist. Chittorgarh,
Raj.
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Jayant Joshi
For Respondent(s)          :     Mr. Sri Ram Choudhary, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

01/07/2025

1. By way of filing the present criminal misc. petition under

Section 528 BNSS (482 Cr.P.C.), the petitioner has prayed for the

following reliefs:-

"It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and the impugned order dated 06.05.2025 (Annexure.1) passed by learned Special Judge, NDPS Act Cases, Rajsamand, may kindly be quashed and set aside and vehicle named Motorcycle Bajaj Pulsar, bearing Registration Number RJ.09 TS 6070, Chasis No. MD2B68BX9NPG10880, ENGINE NO. DHXPNG75960, kindly be released on Supurtaginam in Favour of the petitioner."

2. At the threshold, learned counsel for the petitioner submitted

that Hon'ble the Supreme Court of India, in the case of

Sunderbhai Ambalal Desai vs. State of Gujarat reported in

(2002)10 SCC 283, has pleased to held that a vehicle should not

be permitted to remain parked in the police station, as the same

shall gather rust and shall not remain useful. Learned counsel

submitted that the petitioner, is having a power of attorney to use

[2025:RJ-JD:28209] (2 of 2) [CRLMP-4619/2025]

the seized vehicle and there is no other person claiming release of

the vehicle on Supurdaginama, therefore, the court below ought

not to have rejected the application filed by the petitioner seeking

release of his motorcycle Bajaj Pulsar having registration No.RJ-

09-TS-6070 in his favour.

3. Learned Public Prosecutor has vehemently opposed the

present misc. petition. However, he was not in a position to refute

the above position.

4. Relying upon the judgment of Hon'ble the Supreme Court in

the case of Sunderbhai Ambalal Desai (supra), present misc.

petition is allowed and the trial court is directed to release Bajaj

Pulsar having registration No.RJ-09-TS-6070 in favour of the

petitioner subject to his furnishing bank guarantee of Rs.8,000/-

and Supurdaginama to the satisfaction of the learned trial court.

The petitioner shall produce the vehicle as and when trial court

requires the same for proposed identification of the case property.

The trial court shall also be free to impose any or other condition

in the Supurdaginama to be furnished by the petitioner, which it

deems fit.

5. With the aforesaid directions, the present misc. petition is

disposed of.

(KULDEEP MATHUR),J 60-divya/-

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