Abhilash v. State
Case brief
What is this about?
Single Judge High Court allowed SIDR petition against Special Court order rejecting release of seized vehicle for narcotics. Court permitted release on surety bond with specific conditions prohibiting use for crime and modification.
What did the court decide?
Impugned judgment dated 22.10.2019 quashed. Vehicle released on personal bond of Rs. 6,00,000/- with two sureties of Rs. 3,00,000/- each under specified conditions pending trial.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 1688/2019
Abhilash S/o Anil Upadhyay, Aged About 25 Years, By Caste Upadhyay Brahmin, Resident Of 45-C, Bapu Nagar, Saiti, Chittorgarh Sadar Police Station, Chittorgarh, District Chittorgarh.
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. S.S. Shkatawat For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/01/2020
Petitioner has filed this criminal revision petition under Section 397/401 Cr.P.C. to assail the impugned judgment dated 22.10.2019 passed by Learned Special Judge, NDPS Act Cases No.2, Chittorgarh (for short, ‘learned trial Court’) whereby the learned trial Court rejected the application under Section 457 Cr.P.C., moved by the petitioner for releasing the vehicle Ford Figo Aspire bearing No.RJ-09-CB-6184 bearing Chasis No.MAJZXXMTKZGL25318, Engine No.GL25318.
Issues for consideration
2 issues framed by the court
Whether the vehicle seized for carrying contraband can be conditionally released on surety bond pending trial.
Whether the impugned judgment rejecting the application for release of vehicle under Section 457 Cr.P.C. should be quashed.
Parties & counsel
- petitioner
Abhilash S/o Anil Upadhyay
- respondent
State
Coram
Manoj Kumar Garg
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CRLR/1688/2019
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