Allowed

Gopal Sen S/O Shivlal v. State of Rajasthan

Rajasthan HC2 Dec 2021CRLR/1174/2021

Case brief

AI extract

What is this about?

High Court allowed a criminal revision petition, quashing an order that dismissed the release of a seized motorcycle. The court directed the vehicle's release on 'supurdginama' subject to furnishing a personal bond, surety bonds, photographing the vehicle, and undertaking not to transfer ownership.

What did the court decide?

Impugned order dated 04.10.2021 quashed; seized motorcycle released on 'supurdginama' upon execution of personal bond with sureties, photography of vehicle, and undertaking not to transfer ownership.

Gopal Sen S/O Shivlal Vs State of Rajasthan — Property and Title | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 1174/2021

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Gopal Sen S/o Shivlal, Resident Of Trimurti Colony Baipass Road Ke Piche, Pachpahad Police Staton Bhawani Mandi District Jhalawar (Raj.)

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----Petitioner/Registered Owner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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02/12/2021

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This criminal revision petition has been filed against the impugned order dated 04.10.2021 passed by the Court of Special Judge, NDPS Act Cases and Additional Sessions Judge, Bhawani Mandi, District Jhalawar, whereby the application of the petitioner for releasing the vehicle(motorcycle) on supurdgi has been dismissed.

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It has been submitted on behalf of the petitioner that the petitioner is the registered owner of the vehicle. Trial of the case will take time. The court below did not appreciate the fact that if the vehicle is lying in the police station then it will be damaged. The petitioner is ready and willing to comply with any condition which may be imposed for release of the vehicle on ‘ supurdginama ’. Hence, it is prayed that the petition may be

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(2 of 3) [CRLR-1174/2021]

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allowed and the motorcycle seized in FIR No.18/2021, registered at Police Station Pagariya, District Jhalawar.

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Learned counsel has further submitted that Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat , (2002) 10 SCC 290 and a co-ordinate Bench of this court in S.B. Criminal Misc. Petition No.445/2021 have held that the vehicle can be given on supurdgi to the registered owner on furnishing ‘ supurdginama’ if no order of confiscation has been passed, which has not been passed in the present case.

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Learned Public Prosecutor has opposed the revision petition and has submitted that the vehicle in question was used for commission of the offence under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 and can be subject matter of confiscation under Section 60 of the NDPS Act, therefore, the petitioner is not entitled for release of the vehicle in his favour. Learned Public Prosecutor has submitted the factual report according to which trial is pending and the next date has been fixed for arguments on 08.12.2021, and that accused Bhagirath and Shankar Singh have been enlarged on bail.

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Learned Public Prosecutor has further submitted that no confiscation proceedings have been initiated till date.

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Heard learned counsel for the parties and perused the record of the case.

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It is admitted that the petitioner is a registered owner of the vehicle in question which has not been claimed by any other person and no confiscation order has been passed in the matter, even the confiscation proceedings have not been initiated.

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(3 of 3) [CRLR-1174/2021]

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In these circumstances, Criminal Revision Petition deserves to be allowed and the same is accordingly allowed.

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Impugned order dated 04.10.2021 is quashed and set aside. It is directed that the seized vehicle-motorcycle (Registration No. RJ17-SH-3587) be released in favour of the petitioner on ‘ supurdginama’ on his producing original registration certificate and satisfying following conditions :-

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(i) He furnishes a personal bond in the sum of Rs.5,00,000/- with two sureties of Rs.2,50,000/-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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(ii) He 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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(iii) The personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and her sureties and the bond of sureties shall further carry the photographs of persons identifying them before the Court with full residential particulars of the sureties and the persons identifying them.

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(iv) The petitioner shall undertake not to transfer the ownership of the vehicle in question and not to lease it to any one and not to make or allow any changes in it to be made so as to make unidentifiable.

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(MANOJ KUMAR VYAS),J

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Hemant/56

Gopal Sen S/O Shivlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gopal Sen S/O Shivlal v. State of Rajasthan

Case brief

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What did the court decide?

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