Remanded

Zahid Ali S/O Shri Intazar Ali, v. State of Rajasthan

Rajasthan HC7 Jul 2023CRLAS/1837/2022

Case brief

AI extract

What is this about?

Criminal appeal against dismissal of vehicle release application. This held the trial court violated prior co-ordinate bench order and Supreme Court precedent by dismissing the application without hearing, remanding matter for disposal.

What did the court decide?

Impugned order set aside; matter remanded to learned trial court to hear parties and dispose of application within two weeks.

Zahid Ali S/O Shri Intazar Ali, Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1837/2022

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Zahid Ali S/o Shri Intazar Ali, Resident Of Shekhpur Khichra, P.s. Masuri Distt. Gaziabad, At Present Of Indrapuri East, Delhi

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----Appellant

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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 Appellant(s) : Mr. Fahad Hasan For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order Date of Reserve: 04/07/2023 Date of Pronouncement: 07/07/2023

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Instant appeal is preferred aggrieved from order dated 12.08.2022 in Sessions Case No. 01/2014 passed by learned Additional Sessions Judge No.1, Kekri, Dist. Ajmer whereby application for release of vehicle No. HR-55D-4341 was dismissed on the ground that appeal was pending and applicant had lost right to release the aforesaid vehicle in light of order dated 09.04.2015 passed by this Court in S.B. Criminal Misc. Petition No. 5011/2014.

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Learned counsel for appellant submitted that a case under Section 8/15 of NDPS Act was registered at P.S. Sarwar on 27.06.2013 for allegedly transporting poppy husk/poppy straw in vehicle No. HR-55D-4341. He further submitted that learned trial court on the basis of evidence had convicted Rasool Ahmed but he died during pendency of appeal and this criminal appeal No. 1381/2014 was disposed of in abtement. He further submitted that during pendency of sessions case before learned trial court, he preferred S.B. Criminal Misc. Petition No. 5011/2014 before

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(2 of 3) [CRLAS-1837/2022]

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this Hon'ble Court and vehicle was released by this court but learned trial court without application of its mind had dismissed the application. He further submitted that this vehicle was missing and was stolen from possession of appellant and report to this effect was registered by him. He referred the order dated 09.04.2015 to submit that aforesaid fact was notice by Hon'ble Court. he further submitted that vehicle can be released as he is registered owner of this vehicle.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for appellant and learned Public Prosecutor. Perused the record.

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A perusal of order dated 09.04.2015 in S.B. Criminal Misc. Petition No. 5011/2014 indicated that the petition of present appellant was allowed and following order was passed:

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"Accordingly, petition is allowed and the impugned order is set aside with the direction to release the vehicle No. HR-55-D-4341 on Supurdaginama on furnishing bank guarantee of Rs.3 lac (Rupees Three Lac only. The registration certificate of the vehicle be produced in the court so that it is not sold during the intervening period. The petitioner would maintain the vehicle during the period of trail and produce it as when when directed by the court. An undertaking to this effect would be furnished by him while taking the vehicle on Supurdaginama."

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It appears that after disposal of sessions case No. 01/2014, application for supurdgi was filed on behalf of present appellant and it was dismissed by learned trial court.

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In this matter, investigation was pending under Section 173(8) Cr.P.C. against two individuals and same was noticed in

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[CRLAS-1837/2022]

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(3 of 3)

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order dated 22.04.2017 by learned trial court. There was no order of confiscation and no notice for disposal of aforesaid vehicle served upon present appellant.

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A Co-ordinate Bench of this Court on 09.04.2015 had already passed aforesaid order on petition of present appellant, therefore learned trial court was duty bound to dispose of vehicle as laid down by Supreme Court in case of Sunderbhai Ambalal Desai vs State Of Gujarat [(2002) 10 SCC 283].

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In view of aforesaid, learned trial court without application of mind had dismissed the application of present appellant as it was duty of the trial court to dispose of the application after considering the entire facts but learned trial court instead of following its duties, left it for appellate court, therefore present appeal deserves to be allowed.

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As a result of aforesaid discussion , present appeal is allowed and order dated 12.08.2022 passed by learned Additional Sessions Judge No.1, Kekri is set aside and the matter is remanded back to learned trial court to hear the parties and dispose of aforesaid application within a period of two weeks from receipt of copy of order.

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Parties are directed to appear before the learned trial court on 18.07.2023.

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Present appeal stands disposed of.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /64

Zahid Ali S/O Shri Intazar Ali, v. State of Rajasthan

Case brief

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Zahid Ali S/O Shri Intazar Ali, v. State of Rajasthan

Case brief

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