Allowed

Arun Kumar S/O Shri Bhagwan Singh v. State of Rajasthan

Rajasthan HC23 Feb 2021CRLMP/1051/2021

Case brief

AI extract

What is this about?

High Court allowed a petition alleging illegal detention of a vehicle. The court released a truck with stringent conditions including furnishing bonds, photographing the vehicle, prohibiting transfer or change of ownership, and preventing use for antisocial activities or narcotics transport as per the NDPS Act.

What did the court decide?

The impugned order was set aside and the seized vehicle was directed to be released subject to conditions of furnishing bond, photographing the vehicle, and undertaking not to transfer ownership or us

Arun Kumar S/O Shri Bhagwan Singh Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1051/2021

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Arun Kumar S/o Shri Bhagwan Singh, R/o Badli 72, Jhajhar Hariyana 124106.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Vinay Pal Yadav For Respondent(s) : Dr. V.B. Sharma, AAG

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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23/02/2021

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Heard learned counsel for the petitioner as well as Additional Advocate General.

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The petitioner by way of this petition have assailed the order passed by the ACJM No.1, Tijara District Alwar whereby the application moved for possession of the vehicle seized has been rejected. Under Section 451 Cr.P.C., an application can be moved for release of seized vehicle.

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This Court in the case of Kailash Lal Jatav versus State of Rajasthan : S.B. Civil Writ Petition No.4888/2019 has held as under:-

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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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(2 of 3)

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[CRLMP-1051/2021]

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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 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.3,00,000/- each with two sureties of Rs.1,50,000/- each 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 above, taking into consideration that the vehicle was seized while it was lying at the factory premises and there was no article recovered from the vehicle.

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(3 of 3)

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[CRLMP-1051/2021]

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Keeping in view in the case of Kailash Lal Jatav (supra) the vehicle Truck bearing registration No. DL-01-MA-1322 is ordered to be released subject to the following conditions:-

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(a) the petitioner furnishes a personal bond in the sum of Rs.8,00,000/- each with two sureties of Rs.4,00,000/- each 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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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV /670/271

Arun Kumar S/O Shri Bhagwan Singh v. State of Rajasthan

Case brief

What is this about?

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Arun Kumar S/O Shri Bhagwan Singh v. State of Rajasthan

Case brief

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