Allowed

Poonam Chand v. State of Rajasthan

Rajasthan HC11 Jul 2024CRLMP/2074/2024

Case brief

AI extract

What is this about?

This Criminal Miscellaneous petition challenges an order declining release of a seized Bolero Camper. The High Court allows the petition, directing release of the vehicle on interim custody to the petitioner upon furnishing a security bond to the trial court.

What did the court decide?

Release of the seized vehicle (Bolero Camper) to the petitioner on interim custody upon furnishing security.

Poonam Chand Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:28352]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2074/2024

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Poonam Chand S/o Rameshwar Lal, Aged About 26 Years, R/o Behind Hari Ram Mandir, Karnisar Dist. 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. Sunil Bishnoi.
For Respondent(s)	: Mr. Mohd. Javed,PP.

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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11/07/2024

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Under challenge before this Court is an order dated 14.12.2023 passed by the learned Special Judge, NDPS Act Cases, Bikaner (Addl. Sessions Judge No.1, Bilkaner), in Criminal Case No.545/2023 pertaining to FIR No.401/2023, under Sections 8 & 21 of NDPS Act, registered at Police Station Nayashahar, District Bikaner. Vide impugned order, release of the vehicle in question (Bolero Camper) on Supardari bearing registration No. RJ-07GD9060 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 .

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Learned Public Prosecutor opposes the instant criminal Misc. petition on the ground that vehicle is a case property.

(2 of 2)

[2024:RJ-JD:28352]

[CRLMP-2074/2024]

Reference may be had to 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.

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The instant petition is also allowed. 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 Superdarinama and surety of like amount to the satisfaction of the trial Court.

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(ARUN MONGA), J

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76-/Jitender//-

Poonam Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Poonam Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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