Prakash vs State Of Rajasthan (2025:Rj-Jd:41763)
2025 Latest Caselaw 13442 Raj

Rajasthan High Court - Jodhpur

Prakash vs State Of Rajasthan (2025:Rj-Jd:41763) on 18 September, 2025

[2025:RJ-JD:41763]

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
             S.B. Criminal Misc(Pet.) No. 7477/2025
Prakash S/o Hariram Bishnoi, Aged About 25 Years, Resident Of
Liyadara, Thana Jhab, District Jalore (Raj.).      ----Petitioner
                              Versus
State Of Rajasthan, Through Pp                   ----Respondent


For Petitioner(s)         :     Mr. Veer Bajrang Singh for
                                Mr. Jagatveer Singh Deora
For Respondent(s)         :     Mr. Shreeram Choudhary, PP

          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order 18/09/2025

1. The instant petition under Section 528 of BNSS has been

filed by the petitioner against the order dated 25.08.2025 passed

by the learned Special Judge, NDPS Act Cases No.1, District

Chittorgarh in Criminal Misc. Case No.847/2025 pertaining to FIR

No.233/2025 registered at Police Station Sadar Nimbahera,

District Chittorgarh for the offence punishable under Section 8/15

of NDPS, whereby the learned trial court has rejected the

application under Section 457 of Cr.P.C. filed by the petitioner for

releasing the vehicle car VDI KWID bearing registration No. GJ 01

WL 3787 on supurdaginama.

2. Learned counsel for the petitioner submitted that the Hon'ble

Supreme Court of India in the case of Sunderbhai Ambalal

Desai Vs. State of Gujarat reported in 2002 (10) SCC 283 was

pleased to hold that the vehicle should not be permitted to remain

parked for a long period of time in the police station as the same

shall gather rust and shall not remain useful thereupon. Learned

counsel for the petitioner submitted that the impugned order

dated 25.08.2025 whereby the prayer for release of vehicle in

favour of the petitioner was refused, deserves to be set aside.

(Uploaded on 19/09/2025 at 11:22:53 AM)

[2025:RJ-JD:41763] (2 of 2) [CRLMP-7477/2025]

3. Learned Public Prosecutor has opposed the prayer made on

behalf of the petitioner for release of the vehicle.

4. Relying upon the judgment of the Hon'ble Supreme Court in

the case of Sunderbhai Ambalal Desai Vs. State of Gujarat

reported in 2002 (10) SCC 283, the present petition is allowed

and the learned trial Court is directed to release the vehicle VDI

KWID bearing registration No. GJ 01 WL 3787 which has been

seized as case property, by imposing the following conditions :-

a) The the petitioner shall keep the vehicle so released intact and shall not change its identification;

b) That the petitioner shall produce the vehicle as and when required by the trial court for proposed identification of the case property;

c) That the petitioner shall execute Supurdginama / indemnity bond and two sureties bond to the satisfaction of the trial court and

d) The trial court is empowered to impose any other conditions in the Supurdginama/indemnity bond and surety bonds to be fulfilled by the petitioner, which it may deem fit.

5. Needless to say, the trial court shall first verify that the

petitioner is the registered owner of the vehicle in question before

releasing the same.

6. Consequently, the present criminal misc. petition is allowed.

7. All pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J 34-mSingh/-

(Uploaded on 19/09/2025 at 11:22:53 AM)

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