Allowed

Mahesh Kumar Sharma Son of Kaluram Sharma, v. State of Rajasthan

Rajasthan HC4 Nov 2023CRLMP/1458/2023

Case brief

AI extract

What is this about?

This miscellaneous petition challenged the dismissal of an application to release a seized vehicle deemed as evidence. The court allowed the petition, directing release on a surety bond to prevent deterioration, citing the Supreme Court that private property is national property.

What did the court decide?

The vehicle is to be released on supurdagi upon furnishing a supurdaginama worth Rs. 2,00,000/- and equal surety.

Mahesh Kumar Sharma Son of Kaluram Sharma, Vs State of… — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JP:33203]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1458/2023

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Mahesh Kumar Sharma Son Of Kaluram Sharma, R/o Bagdo Ki Dhani Sewar Mod Mahalaxmi Medical Store, Police Station Bhankrota, Distt. Jaipur, Rajasthan

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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.	Kapil Nagayach for Rajveer Singh
For Respondent(s)	: Mr.	Laxman Meena, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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04/11/2023

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The instant miscellaneous petition under Section 482 Cr.P.C. has been preferred by the petitioner against the impugned order dated 11.09.2020 passed by Special Judge, NDPS Cases, Jaipur Metropolitan-I, Jaipur in FIR No.165/2020, Police Station Bhankrota, Distt. Jaipur whereby, the application preferred by the petitioner under Section 451 Cr.P.C. for releasing the vehicle was dismissed.

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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It is revealing from perusal of the order impugned that the petitioner is the registered owner of the seized vehicle i.e. Eon bearing Registration No. RJ14-QC-1275, which came to be seized by the Police Officers. An application was filed by the registered owner, the petitioner, for releasing of the said vehicle but the

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[2023:RJ-JP:33203]

[CRLMP-1458/2023]

same has been declined on this ground that the vehicle is an evidence in the matter.

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Indisputably, the petitioner is registered owner of the vehicle, he is the person best entitled to get back the possession of the vehicle which has been seized in connection with the investigation in aforementioned FIR.

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Considering the entire facts of the case, this Court does not deem it appropriate to keep the vehicle in an open area of the premises of the Police Station as if the same would remain to lie there, it would surely be deteriorated and natural decay would be caused.

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Furthermore, the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], propounded that even the property of a private person is a National Property and if it is allowed to be decayed it would be a National loss.

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In this view of the matter, this Court deems it appropriate to allow the instant miscellaneous petition and it is directed to learned Court below to release the vehicle on supurdagi to the registered owner upon his furnishing S upurdaginama worth Rs. 2,00,000/- and surety of like amount to the satisfaction of the Court below.

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Accordingly, the instant miscellaneous petition is allowed.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /765

Mahesh Kumar Sharma Son of Kaluram Sharma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahesh Kumar Sharma Son of Kaluram Sharma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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