Allowed

Norat v. State of Rajasthan

Rajasthan HC30 Oct 2023CRLR/1465/2023

Case brief

AI extract

What is this about?

In a criminal revision under the NDPS Act, the High Court allowed release of a seized car (Swift Desire) to the petitioner, its registered owner, on an interim supersession bond and surety, relying on Supreme Court precedents permitting release of crime vehicles on terms fixed by the Special Court.

What did the court decide?

Release of the seized vehicle (Swift Desire, RJ-14-CL-6910) to the petitioner on interim custody subject to furnishing a supersession bond of Rs. 3,00,000 and equal surety.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Revision Petition No. 1465/2023

¶3

Norat S/o Sharwanlal Jat, Aged About 30 Years, R/o- Bhadwa Ri Dhani Than, Rupangarh, District Ajmer (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

For Petitioner(s)	: Mr. Bhagirath RayBishnoi
For Respondent(s)	: Mr. Mahipal Bishnoi,PP

¶9

HON'BLE MR. JUSTICE FARJAND ALI

¶10

Order

¶11

30/10/2023

¶12

By way of filing the instant criminal revision petition, challenge has been made to the order dated 29.09.2023 passed by the learned Special Judge, NDPS Act Cases No.2, Chittorgarh in Criminal Misc. Case No.256/2023 pertaining to CR No.184/2020 registered at Police Station Begu, District Chittorgarh whereby the prayer made by the petitioner for releasing the vehicle in question (Swift Desire Car) bearing registration No.RJ-14-CL-6910 -, has been declined.

¶13

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.

¶14

Learned Public Prosecutor opposed the instant criminal revision petition.

¶15

[CRLR-1465/2023]

¶16

(2 of 2)

¶17

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.

¶18

(FARJAND ALI),J

¶19

56-Hanuman/-

Norat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Norat 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

Nemichand Vs Sanjay Kumar Jain

Kur Singh Vs Heera Lal

Pawan Kumar Vs State of Rajasthan

Devi Lal Vs State of Rajasthan

Mukesh Vs State of Rajasthan

State of Rajasthan Vs Babu Lal Choudhary