Allowed

Rajmal Jat v. State of Rajasthan

Rajasthan HC10 Jul 2024CRLMP/1099/2024

Case brief

AI extract

What is this about?

The Court dismissed the State's objection that the vehicle is case property and allowed the petition for interim release of the seized vehicle Maruti Eeco to the petitioner on supurdari, requiring a supurdarinama and surety.

What did the court decide?

Release of the vehicle Maruti Eeco (Reg. No. GJ-01-RU-1647) on interim custody to the petitioner subject to furnishing of a supurdarinama and surety.

Rajmal Jat Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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S.B. Criminal Misc(Pet.) No. 1099/2024

Rajmal Jat

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s)	: Mr.	Bheru Lal Jat
For Respondent(s)	: Mr.	Gaurav Singh,PP

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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10/07/2024

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Under challenge before this Court is an order dated 31.01.2024 passed by the learned Additional Chief Judicial Magistrate No.3 Udaipur in Criminal Case No.35/2024 pertaining to FIR No.0451/2023, under Section 19/54 of Rajasthan Excise Act,1950 registered at Police Station Govardhanvilas, District Udaipur. Vide impugned order, release of the vehicle in question (Maruti Eeco) on supardari bearing registration No.GJ-01-RU-1647 has been declined.

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Learned counsel for the petitioner submits that he is the owner of the vehicle in question. Same has been seized by the Police Officers. Petitioner being the owner of the vehicle is best entitled to get it back on supurdari. He relies on an order passed by this Court in S.B.Criminal Misc (Petition) No.1534/2024.

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Learned Public Prosecutor opposes the instant criminal Misc. petition on the ground that vehicle is a case property. 4. Reference may be had to the judgment rendered by Hon'ble the Supreme Court in the case of Sunderbhai Ambalal Desai

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[CRLMP-1099/2024]

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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

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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. In view thereof, the instant Petition is also allowed. Adopting the same reasoning as assigned in the judgment, ibid, 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 Supurdarinama and surety of like amount to the satisfaction of the Court below.

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(ARUN MONGA),J

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464-DhananjayS/-

Rajmal Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajmal Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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