Ankit Malik vs State Of Rajasthan (2025:Rj-Jd:13963)
2025 Latest Caselaw 8825 Raj

Rajasthan High Court - Jodhpur

Ankit Malik vs State Of Rajasthan (2025:Rj-Jd:13963) on 12 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:13963]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 607/2025

Ankit Malik S/o Shree Suraj Malik, Aged About 35 Years, R/o
471-A, C-Block, Shushant Lok Gurugram, District Gurugram
(Haryana) Through Power Of Atorney Holder And Authorized
Shree     Puran      Singh       Shekhawat        S/o      Shree    Rewat   Singh
Shekhawat, R/o Village Kailash, Tehsil Dantaramgarh, District
Sikar (Raj) 332301
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)            :    Mr. Sikander Ali Chopdar
For Respondent(s)            :    Mr. Sriram Choudhary, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

12/03/2025

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

challenge has been made to the order dated 17.02.2024 passed

by the learned Special Judge, NDPS Act Cases And Additional

Session Judge No.-1, Udaipur in Criminal Misc. Case No.33/2024

pertaining to FIR No.168/2022 registered at the Police Station

Gogunda, District Udaipur, whereby the prayer made by the

petitioner for releasing the vehicle in question (Motor Car Creta)

bearing registration No. HR-98-A-7852, 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

[2025:RJ-JD:13963] (2 of 2) [CRLMP-607/2025]

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

person claiming supurdagi of the same.

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. 7,00,000/- and surety of like amount to the

satisfaction of the Court below.

(FARJAND ALI),J 58-Rakesh/-

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