Mile Khan vs State Of Rajasthan (2026:Rj-Jd:7209)
2026 Latest Caselaw 2030 Raj

Rajasthan High Court - Jodhpur

Mile Khan vs State Of Rajasthan (2026:Rj-Jd:7209) on 9 February, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:7209]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 187/2026

Mile Khan S/o Bargad Khan, Aged About 36 Years, R/o Khet
Singh Nagar Sabarsar Tehsil Shergarh District Jodhpur
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :     Mr. Naresh Vishnoi
For Respondent(s)         :     Mr. NS Chandawat, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

09/02/2026

1. By way of filing the instant criminal revision petition,

challenge has been made to the order dated 19.01.2026 passed

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

Chittorgarh in Criminal Misc. Application No.1248/2025 pertaining

to FIR No.335/2025 registered at Police Station Sadar Nimbahed,

whereby the prayer made by the petitioner for releasing the

vehicle in question (Maruti car) bearing registration No.GJ-17-CA-

7468, has been declined.

2. Learned counsel for the petitioner submits that he is the

owner of the vehicle in question which has been seized by the

Police Officers. He further submits that the petitioner being the

owner of the vehicle in question, is the person best entitled to get

back the possession of the seized property. There is no other

person claiming supurdagi of the same.

(Uploaded on 11/02/2026 at 12:40:29 PM)

[2026:RJ-JD:7209] (2 of 2) [CRLR-187/2026]

3. Learned Public Prosecutor opposed the instant criminal

revision petition.

4. Considering the submissions and following the judgment

rendered by Hon'ble the Supreme Court in the case of

Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in

AIR 2003 SC 638 and the order dated 18.11.2022 passed by the

Hon'ble Supreme Court in Criminal Appeal No.2005/2022 [SLP

(Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala

& Anr., wherein, the vehicle involved in a crime under NDPS Act

was directed to be released on terms and conditions to be

determined by the Special Court, the revision petition is allowed

and this Court deems it just and appropriate to release the vehicle

in question in favour of the petitioner on interim custody till

conclusion of the trial provided he furnishes a Supurdaginama of

Rs. 4,00,000/- and surety of like amount to the satisfaction of the

Court below.

5. It is made clear that the accusation, if any against the

petitioner under Section 25 of the NDPS Act, shall be investigated

at by the agency independently and this order shall not put any

influence in any manner over that charge.

(FARJAND ALI),J 29-chhavi/-

(Uploaded on 11/02/2026 at 12:40:29 PM)

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