HARI SINGH RAISIKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed challenging the order dated 9.10.2019 passed by the learned Special Judge, NDPS Act Cases, No. 2, Chittorgarh-camp-Nimbahera in Criminal Misc. Case No. 231/2019 (Sessions Case No. 59/2017 arising out of FIR No. 85/2016, P.S.Sadar Nimbahera whereby the learned Special Judge rejected the application under Section 451 Cr.P.C., moved by the petitioner for releasing the vehicle Toyoto Itiosh Car bearing Registration No. HR-59 C 4620 Chasis No. MBJB49BT2001072000415, Engine No. 1ND1417844. 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.