Rajasthan High Court - Jodhpur
Raju vs State Of Rajasthan (2025:Rj-Jd:25297) on 23 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:25297]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 610/2025
Raju S/o Bhanwar Lal, Aged About 30 Years, R/o Biliyaji, Police
Station Desuri, District Pali.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jai Kishan Haniya
For Respondent(s) : Mr. K.S. Kumpawat, assistant to
Mr. Deepak Chowdhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/05/2025
An application (IA No.01/2025) has been filed by the
applicant under Section 5 of the Limitation Act for condoning the
delay in filing the criminal revision petition.
For the reasons and grounds mentioned in the application,
the application is allowed. Delay in filing the criminal revision
petition is, hereby, condoned.
The petitioner has filed this criminal revison petition under
Section 442 B.N.S.S. to assail the impugned judgment dated
25.02.2025 passed by learned Special Judge, NDPS Cases,
Rajsamand in Crl. Misc. Case No.38/2025 arising out of FIR
No.102/2022 registered at P.S. Charbhuja, District Rajsamand for
the offences under Section 8/15 of the NDPS Act whereby the
learned trial Court, rejected the application under Section 497 &
503 B.N.S.S., moved by the petitioner for releasing the vehicle
[2025:RJ-JD:25297] (2 of 3) [CRLR-610/2025]
Bolero Max Pickpup bearing registration No.RJ-22-GB-4688,
Engine No. TLM4B84901, Chasis No.MA1ZP2TLKM6C36005.
I have heard learned counsel for the petitioner and learned
Public Prosecutor for the State.
Learned counsel for the petitioner, in support of his
arguments, has placed reliance on a decision of the co-ordinate
Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs.
State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the
aforesaid judgment, the vehicle and other articles were seized
from the accused for carrying contraband of small quantity just
above the commercial quantity. It is in that background, the Court
has acceded to the prayer of the incumbent and recorded its
finding that solely for the reason that the vehicle and other
articles are likely to be confiscated after trial, conditional release
of the vehicle and other articles on Supurdginama and surety
cannot be denied and interim custody of the vehicle and other
articles can be granted to the incumbent on certain conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat reported in 2002 (10) SCC 283 and co-
ordinate Bench of this Court at Jaipur Bench in case of Prakash
Chand (supra) has held that conditional release of the vehicle
cannot be denied.
Accordingly, the criminal revision petition is allowed and the
order dated 25.02.2025 is hereby quashed and set aside and the
vehicle Bolero Max Pickup bearing registration No.RJ-22-GB-4688,
Engine No. TLM4B84901, Chasis No.MA1ZP2TLKM6C36005 in
question is ordered to be released on 'supardgi' till the completion
of the trial upon following conditions:-
[2025:RJ-JD:25297] (3 of 3) [CRLR-610/2025]
(a) the petitioner furnishes a personal bond in the
sum of Rs.6,00,000/- each with two sureties of
Rs.3,00,000/- each to the satisfaction of the trial
Court undertaking to produce the vehicle in the Court
as and when required to do so.
(b) the petitioner shall get the vehicle
photographed showing the registration number as
well as the chassis number. Such photograph shall be
taken in the presence of the Investigating Officer, to
be kept on the file of the case.
(c) the personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
petitioner and his sureties and the bond of sureties
shall further carry the photograph of perhaps
identifying them before the Court which is with full
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to transfer the
ownership of the vehicle and not to lease it to anyone
and not to make or allow any changes in it to be
made so as to make unidentifiable.
(e) the petitioner will not allow the vehicle Bolero
Max Pickup bearing registration No.RJ-22-GB-4688,
Engine No. TLM4B84901, Chasis
No.MA1ZP2TLKM6C36005 to be used for any
antisocial activities including for the purpose of
carrying narcotics which may constitute offence
under the NDPS Act."
(MANOJ KUMAR GARG),J
87-Rashi/-
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