KISHOR KUMAR KHAYANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. to assail the impugned judgment dated 10.04.2019 passed by Learned Special Judge (Additional Sessions Judge), Shahpura Camp Jahajpura, District Bhilwara (for short, 'learned trial Court') whereby the learned trial Court rejected the application under Section 451 Cr.P.C., moved by the petitioner for releasing the Car Renault Duster bearing No. RJ-07-CB-2317, bearing Chasis No.MEEHSRA36D3020844, Engine No.D017422.

(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. Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2002 (10) SCC 283 and co- ordinate Bench of this Court at Jaipur Bench in case of Prakash Chand (supra) has held that conditional release of the vehicle cannot be denied.