RAIS KHAN @ RAJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed against the order dated 14.11.2008 passed by the learned Special Judge, N.D.P.S. Act Cases and Additional Sessions Judge No. 2, Kota whereby the application for supardagi of motor-cycle has been declined.

(2.) It has been contended by the learned counsel for the petitioner that from the possession of accused 81.350 mg. smack was recovered while the petitioner was driving the vehicle and his motor cycle was seized by the police. According to the learned counsel, no useful purpose would be served in keeping the motor cycle lying in the Police Station and the condition of the motor cycle would deteriorate. It is also contended that investigation from the accused is completed and this motor cycle has no relevance as far as commission of the alleged offence is concerned. It is contended that in view of the several decisions of this Court and the Hon'ble Apex Court the motor vehicle involved in the cases lying in the Police Station should be given to the registered owner on supardaginama as keeping the motor vehicle in Police Station would deteriorate its condition and no useful purpose would be served. In support of his submission, learned counsel has placed reliance on the case of Hari Rain v. State of Rajasthan, 2002(2) RCC 714 and Vijay Kumar v. State of Rajasthan, 2001(1) RCC 384.

(3.) Learned Public Prosecutor has opposed the submissions and contended that the learned trial Court has correctly passed the reasoned order and that requires no interference by this Court.