BALRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 Cr.P.C. has been filed challenging the order dtd. 17/2/2024, passed by the Additional Sessions Judge, Chirawa, Jhunjhunu whereby petitioner's application filed under Sec. 451 Cr.P.C. to release the vehicle Motocycle bearing No. RJ-18-KS-5351 seized in FIR No. 29/2024 registered at Police Station Surajgarh, District Jhunjhunu for offences under Sec. 8/20 of the NDPS Act, has been dismissed and the vehicle in question on Supurdgi has not been released.

(2.) Counsel for petitioner submits that the petitioner is registered owner of the vehicle in question, which was seized in the present criminal case, arising out of FIR No. 29/2024 registered at Police Station Surajgarh, District Jhunjhunu. Counsel submits that the learned Trial Court fell in illegality in declining to release the conveyance in the light of Sec. 52(A) NDPS Act which in fact deals with the recovered contraband. Sec. 60 deals with the recovery of conveyance and procedure of confiscation and disposed of the conveyance is provide in Sec. 63. There is no other rival claimant to take custody vehicle in question on Supurdgi and petitioner is ready to abide by terms and conditions imposed by this Court to release the vehicle. If the vehicle remains to be in custody of the Police, its condition would damage, as the vehicle is parked at Police Station in an open place and the same would catch rust in dust and rain; therefore, in such circumstances, the vehicle may be ordered to be released to petitioner on Supurdgi.

(3.) Learned Counsel for petitioner has placed reliance on the judgment of Hon'ble the Supreme Court delivered in case of Sunderbhai Ambalal Desai Vs. State of Gujarat, (2002) 10 SCC 283, on the judgment of a Coordinate Bench of the Rajasthan High Court delivered in case of Prakash Chand Vs. State of Rajasthan, (2010) 1 Cr.L.R. (Raj.) 507 so also the order of Coordinate Bench of this Court delivered in case of Ramkishan Karnani Vs. State of Rajasthan; SB Criminal Misc. (Pet.) No. 4900/2022 decided on 14/10/2022.