Allowed

Pharsaram v. State of Rajasthan

Rajasthan HC18 Apr 2024CRLMP/636/2024

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed the petition seeking release of a seized vehicle under the NDPS Act. The court directed release to the petitioner on interim custody against furnishing a surety and a supurdaginama.

What did the court decide?

Release of the seized vehicle (Truck/Car) in favour of the petitioner on interim custody till conclusion of the trial, subject to furnishing a Supurdaginama of Rs.3,00,000 and surety of like amount.

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

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[2024:RJ-JD:16791]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 636/2024

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Pharsaram S/o Birbalram, Aged About 27 Years, B/c Vishnoi R/o Plot No 81 SF Puchanpur Extension Block A Street No 4 Sector 23 Bagola South West Delhi Presently Residing At Mulraj Lohawat Police Station Lohawat District Phalodi

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Sanjay Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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18/04/2024

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By way of filing the instant criminal misc. petition, challenge has been made to the order dated 18.01.2024 passed by the learned Special Judge, NDPS Act Cases, Phalodi in Criminal Misc. Case No.28/2024 pertaining to FIR No.159/2022 registered at Police Station Lohawat, District Jodhpur Rural, whereby the prayer made by the petitioner for releasing the vehicle in question (Truck/ Car) bearing registration No. DL-4C-AQ-6168, has been declined. 2. Learned counsel for the petitioner submits that the petitioner 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-636/2024]

[2024:RJ-JD:16791]

(2 of 2)

Learned Public Prosecutor opposed the instant criminal misc. 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 instant criminal misc. 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 trial provided he furnishes a Supurdaginama of Rs.3,00,000/- and surety of like amount to the satisfaction of the Court below.

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(FARJAND ALI),J

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Abhishek Kumar S.No.249

Pharsaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pharsaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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