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Rajasthan High Court · body

2000 DIGILAW 1528 (RAJ)

Vijay Kumar v. State of Rajasthan

2000-12-19

N.N.MATHUR

body2000
JUDGMENT 1. - This Criminal Misc. Petition is directed against the order dated 14.3.2000 whereby the Special Judge, N.D.P.S. cases, Sri Ganganagar has refused to release the jeep bearing No. DL/1C/C-9402 on the ground that the same has been seized in connection with the offence under N.D.P.S. Act and is likely to be confiscated on the conclusion of the trial. 2. It is contended by the learned counsel that simply because vehicle has been seized in connection with the offence under the N.D.P.S. Act which is liable to be confiscated cannot be a ground for refusing to deliver for interim custody. The learned counsel for the petitioner has placed reliance on the decision of the court reported in 2000 Cr.L.J. 2079, Khema v. State of Rajasthan . This application is opposed by Shri Ramesh Purohit, learned Public Prosecutor. 3. I have considered the rival contentions. It is not in dispute that the jeep in question has not been claimed by any other person. It is only after the trial of the case that confiscation order can be passed. Thus, in my view the order of the learned Special Judge denying the interim custody to the petitioner is not sustainable. 4. Consequently, the petition is allowed. It is directed that the Jeep No. DL 1C/C-9402 shall be delivered to the petitioner on superdginama on his producing the original registration certificate and on satisfying the following conditions: 1. He furnishes a personal bond in the sum of Rs. 60,000/- each with two sureties of Rs. 30,000/- each to the satisfaction of the trial court undertaking to produce the jeep in the.court as and when required to do so. 2. He shall get the jeep photographed 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. 3. The personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photographs of persons identifying them before the court which is with full residential particulars of the sureties and the persons identifying them. 4. 3. The personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photographs of persons identifying them before the court which is with full residential particulars of the sureties and the persons identifying them. 4. The petitioner shall undertake not to transfer the ownership of the jeep 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. 5. He will not allow the jeep No. DL 1 C/C-9402 to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the N.D.P.S. Act. 5. Mr. Garg also submits that a direction may be given with respect to the return of driving licence. The same shall be returned after keeping a photocopy of the same on the record.Petition allowed. *******