HEERA LAL GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserves to be released to the petitioner as it would get rusted and spoiled, if it is remained in the police custody. I have considered the submissions as above.

(2.) In the case of Sunderbhai Ambalal Desai and Ors. Versus State of Gujarat: (2002) 10 SCC 283, the Apex Court has made observations with regard to the conditions, which should be laid down for release of different goods/vehicles. It has also been observed that no purpose would be served in letting vehicle remained in the police custody as they get rusted and therefore, the conditions may be laid down for releasing of the same. This Court has also taken a similar view in a batch of Criminal Misc. Petitions lead case being S.B. Criminal Misc. Petition No.2723/2019: Asharam Versus State of Rajasthan, on 3.2.2020 along with other connected petitions.

(3.) Keeping in view the above, this petition is disposed of with the following terms: