MAHENDRA CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed challenging the order dtd. 6/5/2019 passed by the learned Special Judge, POCSO Act Cases, Balotara in Criminal Misc. Case No. 89/2019 (arising out of FIR No. 48/2019, P.S. Gudamalani), by which, the learned trial court rejected the application under Sec. 457 Cr.P.C., moved by the petitioner for releasing the vehicle ERTIGA MARUTI SUZUKI bearing Registration No. MH 09 CM 7144, Chasis No. MA3HEB1500 184747, Engine No. D13A2152030.

(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 v. 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.