SONA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this criminal revision petition under Ss. 438 and 442 BNSS to assail the impugned judgment dtd. 17/12/2024 passed by Learned Additional Session Judge (Special Judge NDPS Act Cases), Phalodi, whereby the learned Trial Court rejected the application under Sec. 497 BNSS (Sec. 451 Cr.P.C.), moved by the petitioner for releasing the vehicle Motorcycle bearing registration No. RJ 43 SD 3963.

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

(3.) Learned Counsel for the petitioner submits that the petitioner is a registered owner of the vehicle in question and the challan of the case has already been presented. 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.