High Court of Rajasthan allowed criminal revision petition, quashing order rejecting release of seized vehicle. Court directed conditional release of Swift Dzire via surety bond.
Impugned order quashed; vehicle released on personal bond of Rs.8 Lakhs with two sureties of Rs.4 Lakhs each against conditions of production, identification, and non-transferability.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 1508/2019
Heera Lal S/o Shri Kana Ram, Aged About 26 Years, B/c Jat, R/o Ganeshpura, Tehsil Kishangarh, Police Station Bandar Sinderi, District Ajmer, Rajasthan.
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Jai Kishan Haniya, Adv. For Respondent(s) : Mr.Vikram Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/11/2019
The present criminal revision petition has been filed under Section 397/401 Cr.P.C. against the order dated 30.09.2019 passed by learned Special Judge (Additional Sessions Judge), Shahpura, District Bhilwara in Sessions Case No.21/2019 arising out of FIR No.209/2017, P.S. Jahazpur, District Bhilwara, whereby the learned trial Court rejected the application under Section 451 Cr.P.C., moved by the petitioner for releasing the vehicle Swift Dzire VDI Car bearing Engine No.D13A-3025199 and Chasis No.MA3FANEB1S00C48998.
I have heard learned counsel for the petitioner and learned Public Prosecutor for the State.
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
(2 of 3)
[CRLR-1508/2019]
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 coordinate Bench of this Court at Jaipur Bench in case of Prakash Chand (supra) has held that conditional release of the vehicle cannot be denied.
Accordingly, the instant revision petition is allowed. The impugned order dated 30.09.2019 is hereby quashed and set aside and the vehicle in question Swift Dzire VDI Car bearing Engine No.D13A-3025199 and Chasis No.MA3FANEB1S00C48998 is ordered to be released on ‘supardgi’ till the completion of the
trial upon following conditions:-
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[CRLR-1508/2019]
(MANOJ KUMAR GARG),J
213-NK/-
2 issues framed by the court
Whether the impugned order rejecting the application for release of the seized vehicle should be quashed.
Whether the vehicle seized in connection with the FIR can be conditionally released to the accused.
Colour shows how this judgement treated each authority
Prakash Chand Vs. State of RajasthanRelied on¶14
2010(1) Cr.L.R.(Raj.) 507
Sunderbhai Ambalal Desai Vs. State of GujaratRelied on¶18
2002 (10) SCC 283 · Who else cites this
3 provisions across 2 enactments
Heera Lal
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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