Allowed

Ramchandra v. State of Rajasthan

Rajasthan HC22 Nov 2023CRLMP/1768/2023

Case brief

AI extract

What is this about?

This order allows a criminal miscellaneous petition challenging the refusal to release a seized vehicle under the NDPS Act. The High Court, relying on Supreme Court precedents, directs the release of the vehicle on interim custody contingent upon the petitioner furnishing a security bond.

What did the court decide?

Release of seized Car Camper (RJ.19GC-4478) on interim custody to petitioner upon furnishing a security bond.

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

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[2023:RJ-JD:40285]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1768/2023

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Ramchandra S/o Shri Dola Ram Ram, Aged About 37 Years, R/o Vill. Godu Ps Bajju Tehsil Kolayat Dist. 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 Goatam
For Respondent(s)	: Mr. Arun Kumar,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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22/11/2023

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By way of filing the instant criminal misc. petition, challenge has been made to the order dated 01.03.2023 passed by the learned Special Judge, NDPS Act cases, District- Bikaner in Criminal Case No.- 74/2023 pertaining to FIR No. - 163/2022 registered at Police Station- Chattargarh, District– Bikaner whereby the prayer made by the petitioner for releasing the vehicle in question (Car Camper) bearing registration No. - RJ.19GC-4478 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:40285]

[CRLMP-1768/2023]

(2 of 2)

Learned Public Prosecutor opposed the instant criminal misc. 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 misc. 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. 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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269-Ashutosh/-

Ramchandra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramchandra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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