Jogaram vs State Of Rajasthan (2025:Rj-Jd:23262)
2025 Latest Caselaw 1314 Raj

Citation : 2025 Latest Caselaw 1314 Raj
Judgement Date : 14 May, 2025

Rajasthan High Court - Jodhpur

Jogaram vs State Of Rajasthan (2025:Rj-Jd:23262) on 14 May, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:23262]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
             S.B. Criminal Revision Petition No. 519/2025

Jogaram S/o Jagmalram, Aged About 45 Years, R/o Siyol Nagar
Laxman Nagar, Tehsil And District Phalodi.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Shree Kant Verma
For Respondent(s)         :     Mr. Deepak Choudhary, GA cum AAG
                                with Mr. Kuldeep Singh Kumpawat



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

14/05/2025

The petitioner has filed this criminal revision petition under

Section 397/401 Cr.P.C. to assail the impugned judgment dated

26.03.2025 passed by learned Special Judge (Additional Session

Judge), NDPS Act Cases, Phalodi, whereby the learned trial Court

rejected the application under Section 497 BNSS (Section 451

Cr.P.C.), moved by the petitioner for releasing the vehicle Tractor

Massey Ferguson 1035 DI bearing engine No.S3371333533 and

chassis No.MEA629A1KK2270495.

I have heard learned counsel for the petitioner and learned

AAG.

Learned counsel for the petitioner submits that the petitioner

is a registered owner of the vehicle in question and the challan of

the case has already been presented. 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

[2025:RJ-JD:23262] (2 of 3) [CRLR-519/2025]

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 instant revision petition is allowed and the

order dated 17.12.2024 is hereby quashed and set aside and the

vehicle Tractor Massey Ferguson 1035 DI bearing engine

No.S3371333533 and chassis No.MEA629A1KK2270495 in

question is ordered to be released on 'supardgi' till the completion

of the trial upon following conditions:-

(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 question in the Court as and when required to do so.

(b) the petitioner shall get the Tractor Massey Ferguson 1035 DI bearing engine No.S3371333533 and chassis No.MEA629A1KK2270495 photographed

[2025:RJ-JD:23262] (3 of 3) [CRLR-519/2025]

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 Tractor Massey Ferguson 1035 DI bearing engine No.S3371333533 and chassis No.MEA629A1KK2270495 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 Tractor Massey Ferguson 1035 DI bearing engine No.S3371333533 and chassis No.MEA629A1KK2270495 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 40-mSingh/-