Allowed

Bhanwar Lal v. State of Rajasthan

Rajasthan HC8 Nov 2023CRLMP/1765/2023

Case brief

AI extract

What is this about?

Under NDPS Act, the High Court allowed a criminal revision petition challenging the refusal to release a seized motorcycle. The court ordered the vehicle released on interim custody upon furnishing security, following Supreme Court precedents.

What did the court decide?

Release of seized motorcycle bearing registration No.RJ-07-HS-9058 on interim custody in favour of the petitioner upon furnishing security.

Bhanwar Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:38873]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1765/2023

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Bhanwar Lal S/o Shri Magha Ram, Aged About 44 Years, R/o Naya Ramdev Mandir Ke Pass Ward No. 1 Distt. Bikaner (Raj.)

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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. Kaushal Gautam For Respondent(s) : Mr. Abhishek Purohit, AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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08/11/2023

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By way of filing the instant criminal revision petition, challenge has been made to the order dated 16.02.2023 passed by the learned Special Judge, NDPS Act Cases, Bikaner in Criminal Misc. Case No.63/2023 pertaining to FIR No.490/2022 registered at Police Station Nayashahar, District Bikaner, whereby the prayer made by the petitioner for releasing the vehicle in question (Motorcycle) bearing registration No.RJ-07-HS-9058, has been declined.

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Learned counsel for the petitioner submits that he is the owner of the vehicle in question which has been seized by the Police Officers. He further submits that the petitioner being the owner of the vehicle in question, is the person best entitled to get back the possession of the seized property. There is no other person claiming supurdagi of the same.

[2023:RJ-JD:38873]

[CRLMP-1765/2023]

(2 of 2)

Learned Public Prosecutor opposed the instant 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 conclusion of the trial provided he furnishes a Supurdaginama of Rs. 50,000/- and surety of like amount to the satisfaction of the Court below.

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(FARJAND ALI),J

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439-Pramod/-

Bhanwar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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