DESHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed against the order dated 7.7.2012 for release of the jeep in question. The learned trial court while deciding the application u/s.457/451 of Cr.P.C. for release of the jeep in question that was seized for offence u/s. 8/18 and 8/29 of NDPS Act has imposed the condition that it shall be released in favour of the petitioner, who is its registered owner, on furnishing a bank guarantee of Rs. 6,50,000 together with supurdaginama of the same amount and on the other conditions enumerated therein.

(2.) Learned counsel for the petitioner has cited the judgment of principal seat of this Court in Vikas Kumar @ Vicky v. State of Rajasthan, 2011 (2) RCC (Raj.) 671 and argued that this Court in the aforesaid case directed release off the vehicle in question, which too was seized for the offence under the NDPS Act, on furnishing supurdaginama. It is argued that the vehicle in question is a jeep and petitioner is its registered owner. The jeep was borrowed by the accused and petitioner was not even the accused in the trial. He undertakes to surrender the jeep as and when required by the police and not to transfer, alienate or otherwise lease it out or violate any other conditions as imposed.

(3.) Learned counsel also cited the order of this Court in Banshi Lal v. State of Rajasthan, S.B. Cr. Misc. Petition No.1354/2010 decided on 06.08.2010, wherein too the condition imposing the bank guarantee was ordered to be deleted and the vehicle, which was a tractor, was ordered to be surrendered to the petitioner on furnishing the supurdaginama and Jamanatnama.