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1995 DIGILAW 820 (RAJ)

Ranjeet Singh v. State of Rajasthan

1995-09-06

D.C.DALELA

body1995
Honble DALELA, J. – The learned Public Prosecutor has accepted the notice on behalf of the non-petitioner and at the request of both the sides this revision petition is being decided at this stage of admission. (2). The petitioner Ranjeet Singh is the registered owner of Jeep No. RJB 4325. It is alleged that on 17.2.1995, the police found that the Jeep was carrying 20 Kg. of opium. The opium was seized and both the persons sitting in the Jeep were arrested. The petitioner moved an application before the Special Judge, N.D.P.S. Act Cases, Banswara to release the Jeep to him on Supardginama. The learned Special Judge vide his order dated 23.5.95 refused to release the Jeep in view of the huge quantity of opium recovered from it. Being aggrieved with this impugned order this revision petition has been preferred. (3). I have heard the arguments of both the sides. (4). In Bal Mikand & Anr. vs. The State of Rajasthan (1), the truck carrying 226 bags of poppy husk was seized and this Court has passed a conditional order for the release of the truck. If the Jeep is allowed to remain in the police custody its condition is bound to deteriorate. The learned Public Prosecutor has admitted that the police stations in Rajasthan do not have motor garages to keep the vehicles in safe custody. (5). Considering all the facts and circumstances of this case and having regard to the principle laid down by this Court in the above mentioned case, I deem it proper to order that the aforesaid Jeep shall be released on Supardginama to the petitioner on production of registration certificate on his satisfying the following conditions :– (i) Petitioner shall furnish personal bonds in the sum of Rs. 1,00,000/- (Rs. one lac)_ and two sureties in the sum of Rs. 50,000/- each to the satisfaction of the trial court with the condition that the Jeep shall be produced in the court as and when required to do so; (ii) the petitioner shall also get the Jeep photographed showing the registration number as well as the chasis. Such photographs shall be taken in the presence of the I.O., to be kept on the file of the case. Such photographs shall be taken in the presence of the I.O., to be kept on the file of the case. The photographs shall be submitted in duplicate; (iii) the personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bonds of the 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 and additional set of these photographs shall also be furnished to the court and shall be part of the record; (iv) the petitioner shall not transfer the ownership of the Jeep and shall not lease it to any one and shall not make or allow any changes in it to be made so as to make it unidentifiable; (v) the petitioner shall not use the vehicle for carrying any contraband goods. (6). The revision petition is accordingly allowed and the order of the learned Special Judge, NDPS Act Cases, Banswara is set aside.