REKHA SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed against the order dtd. 21/1/2020 passed by the learned Additional Sessions Judge, Bhawani Mandi, District Jhalawar whereby, the application filed by the petitioner under Sec. 451 Cr.P.C. for releasing the car under her ownership, has been dismissed.

(2.) The facts in brief are that the car in question was seized in FIR No.08/2020 in which Police after investigation has filed charge sheet against as many as ten accused persons under various provisions of IPC, Arms Act and under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act of 1985')- Admittedly, the petitioner is not an accused in the charge sheet nor any contraband was recovered from the car.

(3.) Learned counsel submitted that she is registered owner of the car in question with no rival claimants 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 dtd. 14/8/2012 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 12/3/2010 and Laxman vs. State of Rajasthan, S.B. Criminal Miscellaneous Petition No.61/2018 decided on 16/4/2018, he submitted that vehicle be given on 'supurdginama' to the petitioner.