Allowed a plea for release of a tractor and trolley involving an incident. Directed police to release the vehicle upon deposit of security and undertaking to use it for legal purposes.
Release of tractor and trolley to the registered owner against deposit of Rs. 1,00,000/- security and undertaking.
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[CRLMP-1165/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1165/2020
Usman Khan S/o Dhupla Khan B/c Mev, R/o Village Sufeda Ka Bas Gram Ghagholi Tehseel And District Alwar, Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
10/11/2020
Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserve to be released as it would get rusted and spoiled, if it is remained in the police custody.
I have considered the submissions as above.
In the case of Sunderbhai Ambalal Desai & Ors. Versus State of Gujarat : (2002) 10 SCC 283 , the Apex Court has made observations with regard to the conditions, which should be laid down for release of different goods/vehicles. It has also been observed that no purpose would be served in letting vehicle remained in the police custody as he get rusted and therefore, the conditions may be laid down for releasing of the same. This Court has also taken a similar view in a batch of Criminal Misc. Petitions lead case being S.B. Criminal Misc. Petition No. 397/2020 : Julfi
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[CRLMP-1165/2020]
Singh Versus State of Rajasthan , along with other connected petitions.-
Keeping in view the above, this petition is allowed with the following terms:
a) The concerned Police Station shall release the offending vehicles – Tractor bearing Chasis No.RABM02711 along with Trolley to the person, who is the registered owner of the said vehicles.
b) A personal security of an amount of Rs.1,00,000/- each to the satisfaction of the concerned Court to which the concerned Police Station is attached, shall be submitted by the petitioner for the purpose of release of the vehicles.
c) The petitioner shall furnish the photographs of the vehicles showing their numbers and colour etc.
d). At the time of release, the petitioner shall also give an undertaking to the effect that vehicle shall not be used for any illegal purpose and if so found, the concerned owner shall be personally liable.
The order passed by the Court below is accordingly quashed and set aside.
(SANJEEV PRAKASH SHARMA),J
NITIN /40
1 issue framed by the court
Whether a vehicle involved in an incident deserves to be released from police custody to prevent rusting.
Colour shows how this judgement treated each authority
Sunderbhai Ambalal Desai & Ors. Versus State of GujaratReferred¶16
(2002) 10 SCC 283 · Who else cites this
Julfi Singh Versus State of RajasthanReferred¶16
S.B. Criminal Misc. Petition No. 397/2020 : Julfi Singh Versus State of Rajasthan
USMAN KHAN S/O DHUPLA KHAN
STATE OF RAJASTHAN
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
