Allowed

Au Small Finance Bank v. State

Rajasthan HC19 Jan 2019CRLMP/308/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail petition under Section 482 CrPC regarding a seized vehicle in an NDPS case. Relying on Supreme Court precedent, the Court directed the trial court to release the vehicle upon provision of a bank guarantee by the petitioner.

What did the court decide?

The trial court is directed to release the Mahindra Bolero vehicle to the petitioner on filing a bank guarantee of Rs.4,00,000/-.

Au Small Finance Bank Vs State — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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S.B. Criminal Misc(Pet.) No. 308/2019

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Au Small Finance Bank

----Petitioner

Versus

State & Anr.

----Respondent

For Petitioner(s) : Mr. Shridhar Mehta For Respondent(s) : Mr. VS Rajpurohit, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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19/01/2019

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 10.11.2017 passed by learned Special Judge, NDPS Act Cases, Bhilwara in Case No.138/2017 arising out of FIR No.71/2017 lodged at Police Station Mandalgarh, District Bhilwara for the offences under Sections 8/15 and 8/25 of NDPS Act whereby the said Court has dismissed the application under Section 451/457 of Cr.P.C. filed by the petitioner for releasing the vehicle Mahindra Bolero bearing Registration No.RJ-06-GB-5039, Engine No.20558 and Chassis No.29195.

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The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted

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[CRLMP-308/2019]

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(2 of 2)

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to remain parked in the police station as same shall gather rust and shall not remain useful.

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Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present petition is allowed and the trial court is directed to release the Mahindra Bolero bearing Registration No.RJ-06-GB-5039, Engine No.20558 and Chassis No.29195 on supardaginama in favour of the petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.4,00,000/- with the trial court.

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Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.

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(DR. PUSHPENDRA SINGH BHATI),J

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72-Sudheer/-

Au Small Finance Bank v. State

Case brief

What is this about?

What did the court decide?

Au Small Finance Bank v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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