Allowed

Bhanwar Singh Jadaun Son of Shri Rajendra Singh Jadaun v. State of Rajasthan

Rajasthan HC8 Jul 2021CRLMP/959/2021

Case brief

AI extract

What is this about?

The High Court allowed the petition under Section 482 Cr.P.C. relying on Supreme Court precedent to direct the trial court to release a seized motorcycle to the petitioner, the registered owner, subject to conditions including furnishing a surety bond and preserving the vehicle's identity.

What did the court decide?

Release of the seized motorcycle subject to keeping it intact, ensuring identification, producing for trial needs, and furnishing a surety bond.

Bhanwar Singh Jadaun Son of Shri Rajendra Singh Jadaun Vs… — Narcotics (NDPS) | 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. 959/2021

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Bhanwar Singh Jadaun Son Of Shri Rajendra Singh Jadaun, Resident Of Amargarh Karauli, At Present Of 72 Govind Nagar, Agra Road Jaipur (Raj.).

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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
For Petitioner(s) : Mr. Mr.	Shantnu Bansal on behalf of Rajveer Saini
For Respondent(s) : Mr.	Chandragupt Chopra,PP.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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08/07/2021

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The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 25.11.2020 passed by learned Special Judge N.D.P.S., Jaipur Metropolitan-I, be set aside, whereby the said court refused to release Motorcycle Splendor Plus bearing registration No.RJ-14-JW-9426 to the petitioner.

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The learned counsel for the petitioner has contended that petitioner is a registered owner of the vehicle in question.

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The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle and the same is case property of case FIR No.570/2020 registered at Police Station Kanota, District Jaipur, for the offence under Section 8/20 of NDPS Act.

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I have heard the learned counsel for the parties.

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(2 of 2)

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[CRLMP-959/2021]

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The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

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Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra) , present petition is allowed and the trial court is directed to release the vehicle seized as case property by imposing following conditions:a) That the petitioner shall keep the vehicle so released intact and shall not change their identification.

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b) That the petitioner shall produce the vehicle as and when trial court requires the same for proposed identification of the case property.

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c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.

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(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.

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Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.

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(NARENDRA SINGH DHADDHA),J

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Seema/137

Bhanwar Singh Jadaun Son of Shri Rajendra Singh Jadaun v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Singh Jadaun Son of Shri Rajendra Singh Jadaun v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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