Kamal v. State
Case brief
What is this about?
This order allows a petition under Section 482 Cr.P.C. to set aside an impugned order refusing release of a seized vehicle. Relying on Sunderbhai Ambalal Desai, the Court directed the trial court to release the car on a surety supported by a bank guarantee.
What did the court decide?
Directing the trial court to release the seized Alto car on a surety backed by a bank guarantee of Rs. 50,000/- after verifying the petitioner's ownership.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B. Criminal Misc(Pet.) No. 2628/2019
Kamal S/o Bhairulal Patidar, Aged About 35 Years, Niwasi Takaravad Thana , Narayangarh , Distt. Mandsore , M.P.
----Petitioner
Versus
State of Rajasthan.
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. Vijay Vishnoi. |
| For Respondent(s) | : Mr. Mahipal Vishnoi, PP for the State. |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/07/2019
- The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. praying that the order dated 06.05.2019 passed by learned Special Judge, N.D.P.S. Act Cases, Chittorgarh in Criminal Misc. Case No.139/2019, be set aside, whereby the said court refused to release the Alto Car bearing registration No. RJ-06-CA-5411 to the petitioner. The said vehicle was seized in connection with FIR No.142/2018 registered at P.S. Nimbahera District Chittorgarh for the offence under Sections 8, 15 of the N.D.P.S. Act.
Issues for consideration
2 issues framed by the court
Whether the seized Alto car should be released to the petitioner as case property since no confiscation proceedings are pending.
Whether a bank guarantee is a suitable condition for the release of seized vehicle under Section 482 Cr.P.C.
Parties & counsel
- petitioner
Kamal S/o Bhairulal Patidar
- respondent
State of Rajasthan
Coram
VINIT KUMAR MATHUR
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLMP/2628/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court