Sundari Vs State

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 32/2020

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Sundari W/o Shri Kanaram, Aged About 51 Years, By Caste Mali, R/o Ratiyo Ki Dhani, Bhopalgarh, District Jodhpur.

----Petitioner

Versus

State, Through P.p.

----Respondent

For Petitioner(s) : Mr. B.R. Godara For Respondent(s) : Mr. Mukhtiyar Khan, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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08/01/2020

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Petitioner has filed this criminal revision petition under Section 397/401 Cr.P.C. to assail the impugned judgment dated 03.12.2019 passed by Learned Special Court, NDPS Act Cases, Jodhpur (for short, ‘learned trial Court’) whereby the learned trial Court rejected the application under Section 451 Cr.P.C., moved by the petitioner for releasing the vehicle Hero Honda Splendor Plus bearing No.RJ-19-SM-4238 bearing Chasis

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No.MBLHA10EE9HE41530, Engine No.HA10EA9HE79181.

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I have heard learned counsel for the petitioner and learned public prosecutor for the State.

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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 aforesaid judgment, the vehicle and other articles were seized

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(2 of 3)

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[CRLR-32/2020]

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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.

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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.

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Accordingly, the instant revision petition is allowed and the order dated 03.12.2019 is hereby quashed and set aside and the vehicle motorcycle Hero Honda Splendor Plus bearing No.RJ-19SM-4238 bearing Chasis No.MBLHA10EE9HE41530, Engine No.HA10EA9HE79181 in question is ordered to be released on ‘supardgi’ till the completion of the trial upon following conditions:-

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(a) the petitioner furnishes a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the trial Court undertaking to produce the motorcycle bearing No.RJ-19-SM-4238 in the Court as and when required to do so.

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(b) the petitioner shall get the motorcycle bearing No.RJ-19-SM-4238 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

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(3 of 3)

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[CRLR-32/2020]

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petitioner and his sureties and the bond of sureties shall further carry the photograph 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 Motor Cycle No.RJ-19-SM-4238 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 Motor Cycle No.RJ-19-SM-4238 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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(MANOJ KUMAR GARG),J

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67-Ishan/-

Sundari v. State

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Sundari v. State

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