BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Manoj Kumar Garg, J 1. The petitioner has preferred this criminal misc. petition under Sec. 482 Cr.P.C. praying that the order dtd. 7/2/2023 passed by learned Special Judge, NDPS Act Cases, Pali in Criminal Misc. Case No.38/2023(C.I.S.), be set aside, whereby the said court dismissed the petitioner's application filed under Sec. 451 Cr.P.C. for releasing the vehicle Swift Car bearing No.RJ-22-CB-3630 on "supurdgi".

(2.) I have heard the petitioner and learned Public Prosecutor for the State.

(3.) The petitioner present in person, in support of his arguments, has placed reliance on a decision of the co-ordinate Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs. State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle and other articles were seized from the accused for carrying contraband of small quantity just above the commercial quantity. It is in that background, the Court has acceded to the prayer of the incumbent and recorded its finding that solely for the reason that the vehicle and other articles are likely to be confiscated after trial, conditional release of the vehicle and other articles on Supurdginama and surety cannot be denied and interim custody of the vehicle and other articles can be granted to the incumbent on certain conditions.