TAJ MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition praying that the order dtd. 20/8/2022 passed by learned Special Judge, NDPS Act Cases, Bikaner in Criminal Misc. Case No.209/2022, be set aside, whereby the said court refused to release the car bearing No.RJ-07-CD-766 (Hyundai Motor India Limited CRETA 15 CRDI AT SX OSE) to the petitioner. The said vehicle was seized in connection with FIR No.264/2022 registered at P.S. J.N.V.C., District Bikaner for the offence under Ss. 8/22, 25 and 29 of NDPS Act, 1985.

(2.) 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:-

(3.) Learned PP is not in a position to refute the above position.