Allowed

Khuda Baksh v. State of Rajasthan

Rajasthan HC18 Mar 2024CRLR/223/2024

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision petition and ordered the release of a seized car on interim custody to the petitioner-owner, subject to furnishing a surety, following Supreme Court precedents on releasing such evidence in NDPS cases.

What did the court decide?

The car bearing registration No. RJ 15 CA 3024 is released on interim custody to the petitioner on furnishing a Supurdaginama of Rs. 3,00,000/- and surety of like amount.

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

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[2024:RJ-JD:12859]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 223/2024

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Khuda Baksh S/o Sh. Jamme Khan, Aged About 25 Years, R/o Sandlo Ki Dhani, Hariyasar, Tehsil Falsund, Dist. Jaisalmer, Rajasthan.

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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. Peerane Khan For Respondent(s) : Mr. Mukesh Trivedi, PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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18/03/2024

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By way of filing of the instant criminal revision petition, challenge has been made to the order dated 21.10.2023 passed by the learned Additional District and Sessions Special Judge, NDPS Act Cases, Pokhran, District- Jaisalmer in Sessions Case No.45/2021 under Section 8/21 and 29 of NDPS Act pertaining to FIR No.18/2021 registered at Police Station -Pokran, District – Jaisalmer whereby the prayer made by the petitioner for releasing the vehicle in question (Car) bearing registration No. -RJ 15 CA 3024, 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 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.

[2024:RJ-JD:12859]

[CRLR-223/2024]

(2 of 2)

Learned Public Prosecutor opposed the instant criminal revision 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 revision 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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6-Ashutosh/-

Khuda Baksh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Khuda Baksh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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