Panna Ram S/O Shri Maga Ram Vs State of Rajasthan

This petition has been filed by the petitioner under Section 438 read with 442 of B.N.S.S., 2023 challenging the order dated 03.12.2024 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Jaipur Metropolitan-I, Jaipur (hereinafter referred to as the 'trial Court') in Criminal Misc. Application No.752/2024 (NDPS Act Sessions Case No.100/2022) arising out of FIR No.21/2022 registered at Police Station KhoNagoriyan, District Jaipur for the offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘Act of 1985’) whereby learned trial Court dismissed the application filed on behalf of the petitioner for releasing his vehicle i.e. 'Trailer' bearing registration No. RJ-21GC-1169.

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Learned counsel for the petitioner submits that the petitioner is a registered owner of the vehicle, which has been seized by the Police on 10.01.2022. Learned counsel also submits that in this matter, investigation has already been completed and the vehicle is no more required by the Police. The vehicle is standing idle in the Police Station and if the vehicle is allowed to remain standing in the Police station, then it will get deteriorated, therefore, in this case, the vehicle may be released in favour of the petitioner on furnishing ‘ Supurdginama ’.

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Learned counsel for the petitioner while placing reliance on the judgment passed by the Hon’ble Apex Court in case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in [(2002)10 SCC 290] and various other judgments passed by the Coordinate Benches of this Court in Phool Singh Vs. State of Rajasthan (S.B. Criminal Miscellaneous Petition No.2682/2012) , decided on 14.08.2012 and in cases of Bal Mikand vs. State reported as [1994 Cr.L.R. (Raj) 4] , Prakash Chand Vs. State of Rajasthan (S.B. Criminal Miscellaneous Petition No.416/2010), decided on 12.03.2010 & Laxman Vs. State of Rajasthan, S.B. Criminal Miscellaneous Petition

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No.61/2018 decided on 16.04.2018, contends that in the abovementioned cases, the vehicle in question was released on furnishing ‘ Supurdginama ’ by the petitioner.

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Per contra , learned Public Prosecutor opposed the prayer made on behalf of the petitioner and submitted that the vehicle in question was used by the petitioner for the commission of offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “the Act of

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1985”) and it can be a subject-matter of confiscation under Section 60 of the Act of 1985 and hence, the petitioner is not entitled for release of the said vehicle in his favour.

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Heard learned counsel for the parties and perused the material available on record.

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It is an undisputed fact that the petitioner is a registered owner of the vehicle and there is no other person except the petitioner, claiming the vehicle in question. Now, it is no more res integra that the vehicle seized under the provisions of the Act of 1985, can be released in favour of its registered owner; though, may be an accused, if no order of confiscation has been passed.

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Considering the facts and circumstances of the case and considering the submissions made on behalf of learned counsel for the parties and also the judgments relied upon by learned counsel for the petitioner, this Court deems it a fit case to allow the present petition and to quash and set aside the impugned order dated 03.12.2024 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Jaipur Metropolitan-I, Jaipur.

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Accordingly, this criminal revision petition is allowed. The order dated 03.12.2024 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Jaipur Metropolitan-I, Jaipur in Criminal Misc. Application No.752/2024 (NDPS Act Sessions Case No.100/2022) is quashed and set aside with the direction that the vehicle of the petitioner i.e. 'Trailer' bearing registration No. RJ-21-GC-1169 be released in favour of the petitioner on ‘ Supurdginama ’ on producing original registration certificate and on satisfying conditions:-

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"(1) The petitioner furnishes a personal bond in the sum of Rs.15,00,000/- with one surety of like amount each to the satisfaction of the trial Court undertaking to produce the vehicle in question in the Court as and when required to do so.

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(2) The petitioner shall submit four cabinet size photographs of the vehicle from four sides showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

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(3) The personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and the sureties and the bond of sureties shall further carry the photographs of persons identifying them before the Court with full residential particulars of the sureties and the persons identifying them.

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(4) The petitioner shall undertake not to transfer the ownership of the vehicle in question and not to lease it to any one and not to make or allow any changes in it to be made so as to make unidentifiable."

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Stay application and all other pending applications, also stand disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /18

Panna Ram S/O Shri Maga Ram v. State of Rajasthan

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Panna Ram S/O Shri Maga Ram v. State of Rajasthan

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