Harun vs State Of Rajasthan (2025:Rj-Jd:13098)
2025 Latest Caselaw 8425 Raj

Rajasthan High Court - Jodhpur

Harun vs State Of Rajasthan (2025:Rj-Jd:13098) on 7 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:13098]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 7888/2023

 Harun S/o Shri Allaudeen, Aged About 39 Years, R/o Rohat,
 Tehsil Rohat, Dist. Pali (Raj.).
                                                                      ----Petitioner
                                      Versus
 1.      State Of Rajasthan, Through Mineral Engineer Sojat City,
         Minig Department, Pali.
 2.      S.h.o., P.s. Rohat, Dist. Pali.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Firoz Khan
For Respondent(s)           :     Mr. Surendra Bishnoi, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

07/03/2025

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

challenge has been made to the order dated 11.03.2022

passed by the learned Chief Judicial Magistrate, Pali in

Criminal misc. Case No.159/2022 whereby the prayer made

by the petitioner for releasing the vehicle in question (tractor

and trolley) bearing registration No.RJ-22-RA-7728, 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 to

get back the possession of the seized property. There is no

other person claiming supurdagi of the same.

[2025:RJ-JD:13098] (2 of 2) [CRLMP-7888/2023]

3. Learned Public Prosecutor opposed the instant criminal misc.

petition.

4. Heard learned counsel for both the parties and perused the

material available on record.

5. On a paper of seizure of the vehicle no minerals, sand etc.

was laden therein, and therefore, It cannot not be speculated

that at one point of time, the vehicle was used in illegal

transportation of sand.

4. Considering the submissions and following the judgment

rendered by Hon'ble the Supreme Court in the case of

Sainaba Vs. The State of Kerala & Anr. in Criminal Appeal

No.2005/2022 [SLP (Crl.) No.7280/2022] decided on

18.11.2022, 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 to the satisfaction

of the Court below.

(FARJAND ALI),J 86-Samvedana/-

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