Allowed

Pawan Kumar v. State

Rajasthan HC4 Feb 2021CRLMP/1736/2020

Case brief

AI extract

What is this about?

The High Court granted bail for release of a seized vehicle in an NDPS case. The Court allowed the Criminal Revision Petition, quashed the impugned order confiscating the vehicle, and directed its release subject to the furnishing of a bond, photographing of the vehicle, and undertakings regarding its ownership and use.

What did the court decide?

The impugned order is quashed, and the seized vehicle is directed to be released to the petitioner subject to the specified conditions.

Pawan Kumar Vs State — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1736/2020

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Pawan Kumar S/o Rajendra, Aged About 26 Years, B/c Kumhar, R/o Ward No. 11 Village Lalera, Tehsil Loonkaransar, Poice Station, Mahajan, District Bikaner.

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)	: Mr. N R Budania
For Respondent(s)	: Mr. Gaurav Singh,PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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04/02/2021

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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) [CRLMP-1736/2020]

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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.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 judgment in Prakash Chand (supra), the instant criminal revision petition is allowed and the impugned order is quashed and set aside and the vehicle – Car (Duster)

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(3 of 3)

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[CRLMP-1736/2020]

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having Registration No.HR-24-R-8813 is ordered to be released

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subject to the aforesaid conditions.

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(SANJEEV PRAKASH SHARMA),J

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Saurav Yadav/17

Pawan Kumar v. State

Case brief

What is this about?

What did the court decide?

Pawan Kumar v. State

Case brief

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