Allowed

Babu Lal v. State of Rajasthan

Rajasthan HC13 Feb 2024CRLMP/503/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition challenging the refusal to release a seized motorcycle. Relying on Supreme Court precedents, the Court ordered the release of the vehicle on interim custody pending proceedings, subject to the petitioner furnishing security through a supurdaginama and sureties.

What did the court decide?

Release of the seized vehicle (Bajaj Palatino 100) on interim custody to the petitioner upon furnishing a supurdaginama of Rs.50,000/- and surety of like amount.

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

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[2024:RJ-JD:7545]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 503/2024

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Babu Lal S/o Ram Kumar, Aged About 28 Years, R/o Ward No. 05, Lavaniyon Colony, Ps Khajuwala, Dist. Bikaner (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. Jogender Singh For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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13/02/2024

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By way of filing the instant criminal miscellaneous petition, challenge has been made to the order dated 10.01.2024 passed by the learned Special Judge (NDPS Act Cases), Bikaner in Criminal Misc. Case No.24/2024 arising out of FIR No.293/2023 registered at the Police Station Khajuwala, Bikaner for the offence under Section 8/18 of the NDPS Act, whereby the prayer made by the petitioner for releasing the vehicle in question (Motorcycle Bajaj Palatino 100) bearing registration No.RJ-07-LS-0645, has been declined.

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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.

[CRLMP-503/2024]

[2024:RJ-JD:7545]

(2 of 2)

Learned Public Prosecutor opposed the instant criminal miscellaneous petition.

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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 miscellaneous 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 judicial proceedings provided he furnishes a Supurdaginama of Rs.50,000/- and surety of like amount to the satisfaction of the Court below.

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(FARJAND ALI),J

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221-Pramod/-

Babu Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babu Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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