BHEPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc.petition under Section 482 Cr.P.C. has been filed to assail the impugned order dated 02.08.2019 passed by the learned Special Judge, NDPS Act Cases, Jodhpur in Criminal Misc. Case No.20/2019 arising out of FIR No.122/2017 whereby the learned trial Court rejected the application under Section 457 Cr.P.C., moved by the petitioner for releasing the Swift Car bearing Registration No.RJ-19 CB 7630, Engine No.D13A1423778, Chasis No.MA3FSEB1S00271964. The petitioner is stated to be the registered owner of the said vehicle.

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

(3.) 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.