Allowed

Laxman Singh Gurjar S/O Shiv Singh v. State of Rajasthan

Rajasthan HC4 Nov 2020CRLMP/88/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition seeking release of a motorcycle confi scated under the NDPS Act. Justice Sanjeev Prakash Sharma directed the vehicle be released to the petitioner subject to conditions including furnishing a bond, photographing the vehicle and sureties, prohibiting transfer or modification, and ensuring the vehicle is not used for narcotics.

What did the court decide?

Release of Motor Cycle Registration No. MP-14-MX-6693 to petitioner subject to conditions including bond, photography, and undertaking against transfer or misuse.

Laxman Singh Gurjar S/O Shiv Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2020)

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(1 of 3)

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[CRLMP-88/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 88/2020

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Laxman Singh Gurjar S/o Shiv Singh, By Caste Gurjar Resident Of Village Dhabla Mahesh Police Station Suwansara District Mandsor Madhya Pradesh.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. F.R.Meena, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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04/11/2020

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Learned counsel for the petitioner submits that vehicle involved in the present case has not been confiscated under the NDPS Act and if it is allowed to leave at the Police Station, it would turn into junk. The petitioner is ready to abide by all the conditions, which this Court may laid down.

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Learned counsel relies on the judgment in the case of Kamlesh Versus State of Rajasthan : S.B. Criminal Revision No. 409/2018 decided on 16.5.2018 wherein the Court has relied upon an earlier judgment passed by this Court in the case of Prakash Chand Versus State of Rajasthan reported in 2010 (1) Cr.L.R. (Raj.) 507 .

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Learned counsel has also relied upon the judgment passed by a Coordinate Bench of this Court in the case of Smt. Gurucharan Kaur Versus State of Rajasthan & Ors. : S.B. Criminal

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(2 of 3)

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[CRLMP-88/2020]

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Revision Petition No. 320/2019 decided at Principal Seat, Jodhpur, on 14.3.2019 wherein conditions have been laid down.

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Having relied upon the judgments aforesaid, this Court concurs with the view taken by the Coordinate Bench and vehicle in question is directed to be released with the following conditions:

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(a) the petitioner furnishes a personal bond in the sum of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court undertaking to produce the vehicle in question in the Court as and when required to do so.

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(b) the petitioner shall get the vehicle in question photographed showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

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(C) the personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photographs of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.

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(d) the petitioner shall undertake not to transfer the ownership of the car and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.

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(e) the petitioner will not allow the vehicle in question to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the NDPS Act."

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In view of the judgment in Prakash Chand (supra), the instant criminal misc. petition is allowed and the impugned order is quashed and set aside and the vehicle – Motor Cycle having

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(3 of 3)

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[CRLMP-88/2020]

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Registration No.MP-14-MX-6693 is ordered to be released subject to the aforesaid conditions.

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(SANJEEV PRAKASH SHARMA),J

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NITIN /

Laxman Singh Gurjar S/O Shiv Singh v. State of Rajasthan

Case brief

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Laxman Singh Gurjar S/O Shiv Singh v. State of Rajasthan

Case brief

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