Allowed

Jaypal Singh v. State of Rajasthan

Rajasthan HC9 May 2023CRLR/110/2023

Case brief

AI extract

What is this about?

This High Court allowed an S.B. Criminal Revision Petition challenging the Special Court's refusal to release a seized vehicle in an NDPS case. The Court applied Supreme Court precedents to direct the release of the vehicle to the petitioner on interim custody upon furnishing of a surety.

What did the court decide?

Release of the seized vehicle bearing registration RJ-07CD3492 in favour of the petitioner on interim custody till conclusion of trial upon furnishing of a _Supurdaginama_ of Rs. 3,00,000/- and surety

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

¶1

[2023/RJJD/014137]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Revision Petition No. 110/2023

¶4

Jaypal Singh S/o Sh. Guman Singh, Aged About 40 Years, Charanwala, Teh. Shree Kolayat, Dist. Bikaner.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through PP 2. Au Small Finance Bank Ltd., Jaipur Road, Bikaner, Through Bank Manager.

¶8

----Respondents

¶9

For Petitioner(s)	: Mr. Virendra Acharya
For Respondent(s)	: Mr. A.R. Choudhary,PP

¶10

HON'BLE MR. JUSTICE FARJAND ALI

¶11

Order

¶12

09/05/2023

¶13

By way of filing of the instant revision petition, challenge has been made to the order dated 23.12.2023 passed by the learned Special Judge, NDPS Cases, Bikaner in Criminal Misc. Case-CIS No.318/2022 pertaining to FIR No.131/2022 registered at Police Station Gajner, District – Bikaner whereby the prayer made by the petitioner for releasing the vehicle in question (Car) bearing registration No. RJ-07CD3492, has been declined.

¶14

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 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/RJJD/014137]

[CRLR-110/2023]

(2 of 2)

The finance company does not object releasing the vehicle in his favour.

¶19

Learned Public Prosecutor opposed the criminal revision petition.

¶20

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. 3,00,000/- and surety of like amount to the satisfaction of the Court below.

¶21

(FARJAND ALI),J

¶22

27-Ashutosh/-

Jaypal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jaypal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ravindrakumar Sharma Vs Gautam Bohra

Sohan @ Sonu Vs State of Rajasthan

Sohan @ Sonu Vs State of Rajasthan

Manju Devi Vs State of Rajasthan

Manohar Singh Vs State of Rajasthan

Upendra Dave Vs State of Rajasthan