Allowed

Shrichand v. State of Rajasthan

Rajasthan HC3 Feb 2023CRLR/115/2023

Case brief

AI extract

What is this about?

This order sets aside an impugned order rejecting a prayer for interim custody of a vehicle seized in an NDPS case. The High Court allowed the petitioner, the registered owner, interim use of the vehicle on a personal bond to prevent depreciation, subject to conditions preventing tampering and misuse.

What did the court decide?

Revision petition allowed; impugned order set aside; vehicle to be released on supurdaginama with conditions.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 115/2023

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Shrichand S/o Pabu Ram, Aged About 30 Years, Godu At Present Chak 5 Mdm Modayat Teh. Bajju, Bikaner.

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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.	H. S. Sharimali
For Respondent(s)	: Mr.	Gaurav Singh,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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03/02/2023

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The petitioner has preferred this criminal revision petition under Section 397/401 Cr.P.C against the order dated 23.12.2022 passed by learned Special Judge NDPS Act, Bikaner, in Cr. Misc. Case C.I.S. No.338/2022 pertaining to FIR No. 118/2022 registered at Police Station Poogal, District Bikaner for the offences under the N.D.P.S. Act, whereby the prayer to release the seized Swift Dzire bearing No.RJ-14-CP-6909 (hereinafter referred to as vehicle in question) on supurdaginama in favour of the petitioner, has been rejected.

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As per prosecution story, 130 Grms opium and 44 kg poppy straw without having any license or permit was recovered from the said vehicle in question. After investigation, the police found that petitioner was owner of the said vehicle.

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The trial court has rejected the application filed under Section 457 Cr.P.C. by the petitioner seeking interim custody of

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(2 of 4)

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[CRLR-115/2023]

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the vehicle in question on the ground of severity of offence and on the ground that narcotic substance was recovered from the possession of the petitioner.

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Heard learned counsel for the parties and perused the material available on record as well the order impugned.

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Learned counsel for the petitioner while praying for interim custody of the vehicle in question submits that the petitioner is registered owner of the said vehicle, and therefore, he is entitled to obtain custody of the vehicle. The learned counsel for the petitioner has relied upon the judgment rendered in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

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Per contra, learned Public Prosecutor while supporting the order impugned passed by the trial court, prays for rejection of the present revision petition.

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Having heard the rival submissions and on perusal of the record, in the considered opinion of this Court, the interim custody of the vehicle alleged to be used in committing the offence of NDPS Act cannot be denied on the ground of severity of offence. It is also settled legal proposition of law that interim custody of the vehicle cannot be denied on the ground that it is liable to be confiscated, in case the offence is proved against the accused. As per prosecution story, the petitioner is the registered owner of the said vehicle.

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(3 of 4)

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[CRLR-115/2023]

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Keeping in mind the judgment of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat (supra), there is no reason to deny interim custody of the vehicle to the owner or person entitled to get possession of the vehicle. If the vehicle is allowed to be kept in the police station for an indefinite period, then the value of the vehicle shall be diminished substantially and it may not remain in usable condition. In the above circumstances, the prayer of the petitioner deserves to be allowed.

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Consequently, the revision petition is allowed. The impugned order dated 23.12.2022 passed by learned trial court is set aside and Swift Dzire bearing registration No.RJ-14-CP-6909 is ordered to be released on ‘supurdagi’ in favour of the petitioner till completion of the trial on the following conditions:-

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(a) the petitioner shall furnish a personal bond in the sum of Rs. 3,00,000/- with two sureties of Rs. 1,50,000/- each to the satisfaction of the trial court undertaking to produce the vehicle aforesaid in the Court as and when required to do so.

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(b) the petitioner shall get the vehicle aforesaid photographed showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

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(c) the personal bond of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photographs of persons identifying them before the Court, which is with full residential particulars of the sureties and the persons identifying them.

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(d) the petitioner shall undertake not to transfer the ownership of the vehicle aforesaid and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.

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(e) the petitioner will not allow the vehicle aforesaid to be used for any antisocial activities including for the

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(4 of 4)

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[CRLR-115/2023]

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purpose of carrying narcotics which may constitute offence under the N.D.P.S. Act.

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(f) before releasing the vehicle the trial court shall verify the original documents of the vehicle.

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(MADAN GOPAL VYAS),J

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22-nidhi/-

Shrichand v. State of Rajasthan

Case brief

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Shrichand v. State of Rajasthan

Case brief

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