Allowed

Rajupuri v. State of Rajasthan

Rajasthan HC9 Jul 2024CRLMP/4322/2024

Case brief

AI extract

What is this about?

Criminal Miscellaneous Petition challenging the order declining release of a seized Maruti Swift vehicle under NDPS Act. Court allowed the petition directing release of the vehicle on interim custody upon furnishing Supurdarinama and surety.

What did the court decide?

Release of the seized vehicle (RJ-20-CK-0891) on interim custody to the petitioner upon furnishing a Supurdarinama and sufficient surety.

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

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[2024:RJ-JD:27901]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4322/2024

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Rajupuri S/o Rama Puri Goswami, Aged About 38 Years, R/o Mandi Gusaiyan, P.s. Bigod, Dist. Bhilwara,raj.

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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. Rakesh Matoria
For Respondent(s)	: Mohd. Javed Gouri,PP

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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09/07/2024

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Under challenge before this Court is an order dated 14.06.2024 passed by the learned Special Judge, NDPS Cases, Shahpura, District Bhilwara in Criminal Case No.14/2024 pertaining to FIR No.73/2024, under Section 8/15, 8/29 of NDPS Act, registered at Police Station Pander, District Bhilwara. Vide impugned order, release of the vehicle in question (Maruti Swift VDI car) on supardari bearing registration No.RJ-20-CK-0891 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.

[2024:RJ-JD:27901]

[CRLMP-4322/2024]

(2 of 2)

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. 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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92-DhananjayS/-

Rajupuri v. State of Rajasthan

Case brief

What is this about?

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Rajupuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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