SHARWAN KUMAR SUTHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this criminal revision petition under Sec. 397 and 401 Cr.P.C. to assail the impugned judgment dtd. 28/2/2024 passed by Learned Special Judge, NDPS Cases, Bhilwara whereby the learned trial Court rejected the application under Sec. 451 Cr.P.C., moved by the petitioner for releasing the vehicle Swift Dezire VDI Car having registration No.RJ 23 CA 8379. I have heard learned counsel for the petitioner and learned Public Prosecutor.

(2.) Learned counsel for the petitioner, 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. Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2002 (10) SCC 283 and co- ordinate Bench of this Court at Jaipur Bench in case of Prakash Chand (supra) has held that conditional release of the vehicle cannot be denied.

(3.) Accordingly, the instant revision petition is allowed and the order dtd. 28/2/2024 is hereby quashed and set aside and the vehicle Swift Dezire VDI Car having registration No.RJ 23 CA 8379 in question is ordered to be released on 'supardgi' till the completion of the trial upon following conditions:-