RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved with the order dated 21.07.2010 passed by the learned Special Judge, NDPS Act Cases, Hanumangarh, whereby the learned Judge has rejected the application filed by the petitioner under Section 457 Cr.P.C., for releasing of Motor Cycle, bearing registration No. RJ-31-SC-1130 and mobile phone, the petitioner has approached this Court.

(2.) The brief facts of the case are that the petitioner is the owner of the Motor Cycle, bearing registration No. RJ-31-SC1130, which was seized on 12.04.2010 due to transportation of ten gms. of Smack. Therefore, the petitioner submitted an application under Section 457 Cr.P.C. before the learned Judge for release of the said vehicle as well as mobile phone on "supurdgi". However, vide order dated 21.07.2010, the said application was dismissed. Hence, this petition before this Court.

(3.) The learned counsel for the petitioner has relied upon the cases of Sunderbhai Ambalal Desai v. State of Gujarat, [JT 2002 (10) SC 80), Bharat Mehta v. State by Inspector of Police, Chennai, [AIR 2008 SC 1970] and on the case of General Insurance Council & Ors. v. State of Andhra Pradesh & Ors., [2010 Cri. L.J.2883] to buttress his contention that even if the vehicle is involved in a criminal offence, the petitioner is entitled to seek the custody of the vehicle. Secondly, the Apex Court had laid down certain guidelines for exercising of power under Section 451 Cr.P.C. in the case of Sunderbhai Ambalal Desai (supra). However, the said guidelines have been ignored by the learned Judge while dismissing the application under Section 451 Cr.P.C.