Allowed

Bhanwar Lal @ Bhajan Lal v. State of Rajasthan

Rajasthan HC14 Dec 2022CRLR/173/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition challenging the rejection of an application for release of a vehicle seized under the NDPS Act. The court modified the lower court's order to grant interim custody to the petitioner, subject to furnishing a security deposit and surety.

What did the court decide?

Release of the seized vehicle (Car Maruti Baleno GJ 08 BN 3178) to the petitioner on interim custody, conditional upon furnishing a Surety of Rs. 4,00,000 and a security deposit of Rs. 4,00,000 to the

Bhanwar Lal @ Bhajan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 173/2022

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Bhanwar Lal @ Bhajan Lal S/o Ganga Ram, Aged About 26 Years, B/c Vishnoi, R/o Siyako Ki Dhani, Gangapura, Bherudi, P.S. Sedwa, Dist. Barmer.

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----Petitioner

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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. Dinesh Bishnoi
For Respondent(s)	: Mr. Javed Gauri,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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14/12/2022

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Heard learned counsel for the petitioner and learned Public Prosecutor for the State.

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By way of filing of the instant revision Petition, challenge has been made to the order dated 25.08.2021 passed by the learned Special Judge, NDPS Act Cases, Udaipur (Sessions Judge, Udaipur) in Criminal Misc. Case No.149/2021 (CIS No. 149/2021) arising out of FIR No.80/2020 Police Station Kheroda, rejecting an application preferred by the petitioner under Sections 451, 457 Cr.P.C. for release of the vehicle Car Maruti Baleno bearing Registration No. GJ 08 BN 3178 seized by the police for offences under Sections 8/15, 25 & 29 of the NDPS Act.

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Learned counsel for the petitioner submits that he has purchased the vehicle in question from its registered owner Ganga

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(2 of 3)

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[CRLR-173/2022]

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Ram by way of an agreement, however, registration could not be effected in his favour. Pursuant to the directions issued by this Court, learned counsel for the petitioner has submitted an affidavit of the registered owner Ganga Ram dated 9.12.2022 stating therein that the vehicle in question is registered in his name which was sold to the present petitioner by way of an agreement and he has no objection if the vehicle in question is released in favour of the petitioner. The affidavit is taken on record. Learned counsel submits that since the petitioner has purchased the vehicle in question from its registered owner and he has no objection if the vehicle in question is released in his favour, therefore, he is entitled to get back the possession of the same. There is no other person claiming supurdagi of the vehicle in question. Learned counsel also submits that the trial of the case will take a long time and the vehicle in question would be deteriorated if allowed to remain in Police Station premises.

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Learned Public Prosecutor opposed the criminal revision petition.

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Considering the submissions and following the judgment rendered by Hon'ble the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat , reported in AIR 2003 SC 638 and the order dated 18.11.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP (Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala & Anr. , wherein, the vehicle involved in a crime under NDPS Act was directed to be released on terms and conditions to be determined by the Special Court, the revision petition is allowed and this Court deems it just and appropriate to release the vehicle in question in favour of the petitioner on interim custody till

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(3 of 3)

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[CRLR-173/2022]

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conclusion of the trial provided he furnishes a Supurdaginama of Rs. 4,00,000/- and surety of like amount to the satisfaction of the Court below.

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(FARJAND ALI),J

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36-RP/-

Bhanwar Lal @ Bhajan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Lal @ Bhajan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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