Mubarak vs State Of Rajasthan (2026:Rj-Jd:2180)
2026 Latest Caselaw 512 Raj

Rajasthan High Court - Jodhpur

Mubarak vs State Of Rajasthan (2026:Rj-Jd:2180) on 14 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:2180]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 48/2026

Mubarak S/o Ali Khan, Aged About 25 Years, Bhagujiro Ki
Dhaniya Aau District Pholodi Raj.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. MS Sisodiya
                                Mr. Naresh Charaniya
For Respondent(s)         :     Mr. NS Chandawat, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

14/01/2026

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

challenge has been made to the order dated 25.11.2025 passed

by the learned Addl. District Judge (Special Judge NDPS Act

Cases) District Phalodi in Criminal Misc. Application No.635/2025

pertaining to FIR No.31/2025 registered at Police Station Bhojasar,

District Phalodi whereby the prayer made by the petitioner for

releasing the vehicle in question (Motorcycle) bearing registration

No. RJ-43-SF-4429 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 15/01/2026 at 03:56:32 PM)

[2026:RJ-JD:2180] (2 of 2) [CRLR-48/2026]

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. 50,000/- and surety of like amount to the satisfaction of the

Court below.

(FARJAND ALI),J 171-chhavi/-

(Uploaded on 15/01/2026 at 03:56:32 PM)

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