BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor for the State. By way of filing of the instant revision Petition, challenge has been made to the order dtd. 25/8/2021 passed by the learned Special Judge, NDPS Act Cases, Udaipur (Sessions Judge, Udaipur) in Criminal Misc. Case No.149/2021 (CIS No. 149/2021) arising out of FIR No.80/2020 Police Station Kheroda, rejecting an application preferred by the petitioner under Ss. 451, 457 Cr.P.C. for release of the vehicle Car Maruti Baleno bearing Registration No. GJ 08 BN 3178 seized by the police for offences under Ss. 8/15, 25 & 29 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that he has purchased the vehicle in question from its registered owner Ganga Ram by way of an agreement, however, registration could not be effected in his favour. Pursuant to the directions issued by this Court, learned counsel for the petitioner has submitted an affidavit of the registered owner Ganga Ram dtd. 9/12/2022 stating therein that the vehicle in question is registered in his name which was sold to the present petitioner by way of an agreement and he has no objection if the vehicle in question is released in favour of the petitioner. The affidavit is taken on record. Learned counsel submits that since the petitioner has purchased the vehicle in question from its registered owner and he has no objection if the vehicle in question is released in his favour, therefore, he is entitled to get back the possession of the same. There is no other person claiming supurdagi of the vehicle in question. Learned counsel also submits that the trial of the case will take a long time and the vehicle in question would be deteriorated if allowed to remain in Police Station premises. Learned Public Prosecutor opposed the criminal revision petition.

(3.) Considering the submissions and following the judgment rendered by Hon'ble the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638 and the order dtd. 18/11/2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP (Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala and Anr., wherein, the vehicle involved in a crime under NDPS Act was directed to be released on terms and conditions to be determined by the Special Court, the revision petition is allowed and this Court deems it just and appropriate to release the vehicle in question in favour of the petitioner on interim custody till conclusion of the trial provided he furnishes a Supurdaginama of Rs.4,00,000.00 and surety of like amount to the satisfaction of the Court below.