PRAKASH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this miscellaneous petition, the order dated 20.1.2010 has been challenged whereby the Court below refused to release the motor vehicle on "Supurdagi ".

(2.) Learned counsel for the petitioner submits that the motor vehicle involved in the matter belongs to the petitioner, which was registered for its commercial use. The petitioner was using the motor vehicle as a taxi car wherein one person along with the petitioner were caught carrying contraband just above to small quantity. The petitioner moved an application for release of vehicle on Supurdagi, however, the said application was rejected in view of the provisions of Section 60 of the N.D.P.S. Act because on trial, the vehicle is liable to be confiscated. Learned counsel for the petitioner has given a reference of the judgment of this Court in the case of Vijay Kumar v. State of Rajasthan, reported in 2001 (2) R Cr D 161 (Raj) wherein similar issue was dealt with and the vehicle was released on "Supurdgi ".

(3.) Learned Public Prosecutor on the other hand opposed this miscellaneous petition.