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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