JEETU RAJU RAM SANSI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition praying that the order dtd. 7/7/2021 passed by learned Special Judge, NDPS Act Cases No.1, Chittorgarh in Criminal Misc. Case No.230/2019, be set aside, whereby the said court refused to release the car (Indigo) bearing registration No.RJ-19-TA-6470 to the petitioner. The said vehicle was seized in connection with FIR No.201/2018 registered at P.S. Nimbahera Sadar, District Chittorgarh for the offence under Ss. 8/15 of NDPS Act.

(2.) Learned counsel for the petitioner submits that the petitioner is an owner of the vehicle from which the contraband in-question was recovered. Learned counsel further submits that the learned trial court has held that no one else has claimed the vehicle.

(3.) The learned counsel for the petitioner states at Bar that no confiscation proceedings are pending qua the vehicle in-question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful. The Hon'ble Apex Court in Sunderbhai (Supra) has held as under:-