SHRIKANT GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the order dated 16.02.2015 passed by the Special Judge, NDPS Cases, No.1, Chittorgarh (hereinafter referred to as 'the court below') in Criminal Misc. Case No.246/2014, whereby the court below while ordering for releasing the vehicle Tata Safari No.GJ-1-KH-7291 bearing Chasis No.MAT 403715 ANN 12487 and Engine No.2.2LDICOR 09 NZYJ 22000 in favour of the petitioner has imposed a condition to furnish bank guarantee to the tune of Rs.2,50,000.00 along with a sound and solvent sureity of Rs.3,00,000.00.

(2.) Learned counsel for the petitioner has submitted that the petitioner is the registered owner of the vehicle in question which was stolen from Gujarat on 31.05.2015. It is contended that in connection with the said theft, the petitioner lodged the FIR No.131/2014 at Police Station, Vastrapur, District Ahmedabad for the offence punishable under Sec. 379 IPC. It is contended that after lodging of above mentioned FIR by the petitioner, the vehicle in question in which, the contraband poppy husk was being transported, was seized by the police of Mangalwad Police Station, District Chittorgarh on 22.07.2014 and thereafter the FIR No.94/2014 was registered. It is contended that in that connection the police of Mangalwad Police Station, District Chittogarh after thorough investigation into the FIR No.94/2014, has found that the petitioner was not involved in the commission of crime or the contraband was also not being transported as per his consent. It is further contended that there was no reason for the court below to impose the condition of furnishing bank guarantee along with the sound and solvent sureity when neither the petitioner was involved in commission of crime nor there was any claim by other persons for releasing the vehicle in question on Supurdaginama.

(3.) Learned Public Prosecutor has opposed the prayer of the petitioner.