HUSSAIN MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Despite repeated directions of this Court to the learned Public Prosecutor to procure the report from the Investigating Officer as to whether confiscation proceedings have been initiated regarding the seized motor-cycle or not, the learned Public Prosecutor has failed to produce any such report for perusal of the Court. In these circumstances, this Court proceeds to decide this criminal miscellaneous petition assuming that no such confiscation proceedings have been initiated.

(2.) This criminal miscellaneous petition has been filed against the order dated 22.04.2019 passed by the Special Judge N.D.P.S. Cases, Bundi whereby, the application filed by the accused-petitioner under Section 451/457 of CrPC for releasing the motorcycle, has been dismissed.

(3.) It is contended by the learned counsel for the petitioner that he is registered owner of the motor-cycle and there is no other rival claim for its release. Relying on the judgment of the Hon'ble Apex Court of India in case of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 290 and Coordinate Bench Judgments dated 14.08.2012 in S.B. Criminal Miscellaneous Petition No.2682/2012, Phool Singh vs. State of Rajasthan and in cases of Bal Mikand vs. State, 1994 Cri Lr (Raj) 4, Prakash Chand vs. State of Rajasthan, S.B. Criminal Miscellaneous Petition No.416/2010 decided on 12.03.2010 and Laxman vs. State of Rajasthan, S.B. Criminal Miscellaneous Petition No.61/2018 decided on 16.04.2018, submitted that vehicle be given to the petitioner on furnishing -supurdginama'.