In this criminal miscellaneous petition, the High Court directed the trial court to release a seized car on a bond with a bank guarantee of Rs. 5,00,000/-, citing risk of destruction due to the rainy season.
Direction to the trial court to release the vehicle on undertaking with a bank guarantee of Rs. 5,00,000/-.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2049/2018
Ganpat Choudhary S/o Shri Dala Ram, Aged About 30 Years, B/c Jat, R/o Mehrajanio Ki Beri, P.S. Gida, Teh. Baytu (Registered Owner Of Vehicle)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Dr. Moola Ram Choudhary For Respondent(s) : Mr. V.S. Rajpurohit, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/07/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 17.05.2018 passed by the Additional Sessions Judge, Bali, District Pali (hereinafter to be referred as ‘the trial court’) in Criminal Misc. Case No.149/2018, whereby the trial court has rejected the application filed by the petitioner for releasing the vehicle Brezza Car temporary registration No.RJ-30-Temp-0381 (hereinafter to be referred as ‘the vehicle in question’), which was seized by the police in connection with FIR No.53/2017 of Police Station Rani, District Pali for the offences punishable under Sections 8, 15 and 18 of NDPS Act.
The trial court has observed that as 61 kg. of poppy straw has been recovered from the vehicle in question and the proceedings of inventory has also not been completed, as the
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[CRLMP-2049/2018]
matter is under investigation, it is not proper to release the vehicle in question on supardaginama in favour of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is the only claimant of the vehicle in question as he is the owner of it. It is also submitted that the petitioner was arrested by the police but later on, was released on bail by this Court. It is also submitted that the investigation by the police in connection with the FIR No.53/2017 of Police Station Rani, District Pali has almost been completed and the charge-sheet has also been filed against some accused persons and in such circumstances, there is no requirement of the vehicle in question for the purpose of investigation. It is submitted that the trial court has erred in not releasing the vehicle in question on supardaginama in favour of the petitioner. Learned counsel for the petitioner has also submitted that the petitioner is ready to furnish bank guarantee of a reasonable amount, which this Court deems appropriate.
Having heard learned counsel for the petitioner and having gone through the impugned order, this Court is of the opinion that the vehicle in question, which was seized by the police in connection with FIR No.53/2017 of Police Station Rani, District Pali is lying in the police station in unattended condition and looking to the rainy season, there is all possibility that the vehicle in question may be destroyed. The investigation into the above referred FIR is almost complete, therefore, it is in the fitness of things that the vehicle in question be released on supardaginama in favour of the petitioner, provided he furnishes a bank guarantee of Rs.5,00,000/- with the trial court.
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[CRLMP-2049/2018]
In view of the above discussion, this criminal misc. petition is disposed of with a direction to the trial court to release the vehicle in question on supardaginama in favour of the petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.5,00,000/- with the trial court.
Stay petition also stands disposed of.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.33
2 issues framed by the court
Whether the seized vehicle connected to an NDPS offence should be released on surety when investigation is complete.
Whether the petitioner must furnish a bank guarantee for the release of the vehicle.
1 provisions across 1 enactments
Ganpat Choudhary
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
