Allowed

Paramjeet Kaur v. State of Rajasthan

Rajasthan HC20 Aug 2024CRLMP/5475/2024

Case brief

AI extract

What is this about?

This order allowed a criminal miscellaneous petition challenging a decision to deny release of a seized vehicle on supurdari. The court held that under Supreme Court precedents, the vehicle should be released to the petitioner on interim custody pending trial upon furnishing a supurdarinama and sufficient surety to the satisfaction of the Special Court.

What did the court decide?

The petition is allowed; the vehicle is to be released to the petitioner on interim custody upon furnishing a supurdarinama and surety to the satisfaction of the learned Special Court.

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

¶1

[2024:RJ-JD:34188]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Misc(Pet.) No. 5475/2024

¶4

Paramjeet Kaur W/o Swarn Singh, Aged About 50 Years, R/o 13 M.d. Tehsil And Dist. Anupgarh, Raj.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

For Petitioner(s)	: Mr. KshitijVyas.
For Respondent(s)	: Ms. Sonu Manawat,P.P.

¶10

HON'BLE MR. JUSTICE ARUN MONGA

¶11

Order

¶12

20/08/2024

¶13

Under challenge before this Court is an order dated 08.11.2023 passed by the learned Special Judge, NDPS Act Cases, Additional District and Session Judge, No.1, Bikaner, in Criminal Misc. Case No.501/2023 pertaining to FIR No.191/2023 dated 27.10.2023, registered at Police Station Pugal, District Bikaner. Vide impugned order, release of the vehicle in question (Swift Car) on supardari bearing registration No.RJ-14-CZ-9414 has been declined.

¶14

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 .

¶15

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

[2024:RJ-JD:34188]

[CRLMP-5475/2024]

(2 of 2)

Vehicle was impounded on 27.10.2023 and ever-since parked in police custody and needless to say it is deteriorating by each passing day and would turn into a complete junk by the time trial is concluded.

¶20

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 judgments, 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 learned court below.

¶21

(ARUN MONGA),J

¶22

91-Sumit/-

Paramjeet Kaur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Paramjeet Kaur 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Leeladhar Vs Naru Bai

Kinder Singh Vs State of Rajasthan

Khuma Ram Vs State of Rajasthan

Govind Singh Vs State of Rajasthan

Bharat Kumar Vs State of Rajasthan

Khemraj Kumawat Vs State of Rajasthan