Rakesh Kumar vs State Of Rajasthan (2025:Rj-Jd:15286)
2025 Latest Caselaw 9265 Raj

Rajasthan High Court - Jodhpur

Rakesh Kumar vs State Of Rajasthan (2025:Rj-Jd:15286) on 21 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:15286]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 1766/2025

 Rakesh Kumar S/o Dharuram, Aged About 26 Years, R/o
 Surewala, Tehsil Tibbi, Dist. Hanumangarh (Raj.)
                                                                           ----Petitioner
                                      Versus
 State Of Rajasthan, Through Pp
                                                                         ----Respondent


For Petitioner(s)           :     Mr. Suddam Hussain
For Respondent(s)           :     Mr. Surendra Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

21/03/2025

1. The instant criminal miscellaneous petition under Section

482 Cr.P.C./528 of BNSS has been preferred by the petitioner

against the order dated 24.01.2024 passed by the learned

Special Judge NDPS Act Cases, Hanumangarh in FIR

No.240/2024, Police Station Tibbi, District Hanumangarh

registered for the offence under Sections 8/21 of NDPS Act,

whereby the learned Judge accepted the application filed by

the petitioner for releasing Car registration No.HR 20 X 5566

but imposed condition upon the petitioner to furnish bank

guarantee of Rs.4,00,000/-. Hence, the instant Misc.

Petition.

2. Learned counsel for the petitioner submits that the petitioner

is a registered owner and is entitled to get back the

possession of the vehicle in question. There is no other

claimant. If the vehicle is stationed in the Police station

[2025:RJ-JD:15286] (2 of 3) [CRLMP-1766/2025]

premises, the condition of vehicle will deteriorate and the

same would be a national loss. He placed reliance on the

judgment passed by the Supreme Court in the case of

Sunder Bhai Ambalal Desai Vs. State of Gujarat [(2002) 10

SCC 283].

3. Learned Public Prosecutor opposed the submissions made by

counsel for the petitioner.

4. I have heard and considered the submissions advanced at

the Bar and gone through the order impugned as well as the

material made available to the Court.

5. In view of the settled legal propositions and guided by the

judicial pronouncement passed in the case of Sunder Bhai

Ambalal Desai (supra), and considering that the condition

imposed by the court below regarding furnishing bank

guarantee of Rs.4,00,000/-, is harsh and onerous, this Court

is of the view that there is no requirement of furnishing bank

guarantee thus, it is deemed just and appropriate to allow

the instant Misc. Petition.

6. Accordingly, the Misc. Petition is allowed. The order dated

24.01.2024 passed by the learned Special Judge NDPS Act

Cases, Hanumangarh in FIR No.240/2024, Police Station

Tibbi, District Hanumangarh is hereby quashed to the extent

of condition regarding furnishing bank guarantee of

Rs.4,00,000/-. Thus the condition of furnishing bank

guarantee of the aforesaid amount is waived. The vehicle

shall be released upon furnishing supurdginama and surety

as directed by the Court below.

[2025:RJ-JD:15286] (3 of 3) [CRLMP-1766/2025]

7. All pending applications, if any, stands disposed of.

(FARJAND ALI),J 62-divya/-

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