DEVIGAN URF DEGEN VERMAN Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) In pursuance of direction of this Court, learned Public Prosecutor submits that confiscation of the vehicle in question has not been made till date.

(2.) This criminal miscellaneous petition under Section 482 CrPC has been filed for quashing the order dated 02.11.2020 passed by learned Special Judge, NDPS Cases, Jaipur Metropolitan-I whereby the application filed by the petitioner for release of vehicle on 'supurdgi', has been dismissed.

(3.) Learned counsel for the petitioner submits that the petitioner is registered owner of two wheeler vehicle, i.e., a Scooty bearing Registration No.RJ14-WH-3066. He contended that his application for release of vehicle on 'supurdgi' has been dismissed by the learned trial Court on the premise that the vehicle was used in commission of offence under the provision of the NDPS Act, 1985 (for brevity 'the Act of 1985') and there is probability of confiscation of the vehicle in question. Learned counsel for the petitioner relying upon the judgment of this Court in case of Rekha Soni v. State of Rajasthan in S.B. Criminal Miscellaneous Petition No.733/2020 decided on 09.02.2021, submitted that the reasonings assigned for rejecting his prayer are not tenable and prayed for release of the vehicle.