KANIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing of the instant miscellaneous petition, challenge has been made to the order dtd. 21/3/2024 passed by learned Special Judge, N.D.P.S. Cases, District Jhalawar in Criminal Misc. Application No.77/2024 (C.I.S. No. 30/2024) arising out of FIR No.14/2022 registered at Police Station Raipur (Jhalawar), District Jhalawar for the offence under Sec. 8/20 of NDPS Act whereby the prayer made by the petitioner for releasing the vehicle in question (Car Ford Figo) bearing registration No. RJ17-CA-5201 on supurdagi has been declined.

(2.) Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle in question which has been seized by the Police Officers in connection with the aforesaid FIR. He submits that the petitioner, being the registered owner of the vehicle in question, is the person best entitled to get back the possession of the seized property. It is also submitted that there is no other person claiming supurdagi of the same. He further submits that the vehicle in question is presently stationed unused at the police station and soon it would become junk. He placed reliance on the judgment of the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in AIR 2003 SC 638.

(3.) Learned Public Prosecutor opposes the criminal miscellaneous petition.