Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 272 (RAJ)

Sarafaraj Mohammed v. State of Rajasthan

2005-01-29

K.C.SHARMA

body2005
JUDGMENT 1. - Heard counsel for the parties. The petitioner has preferred this revision petition against the order dated 3.12.2004 whereby the learned Addl. Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur has rejected the petitioner's application filed under Section 451 Cr.RC. for release of Maruti Car bearing No. RJ14-3C 2748. 2. It appears that the aforesaid car was seized by the police in FIR No. 71/2003 registered at Police Station Gandhi Nagar, Jaipur, for offence under Sections 364-A, 365 and 343 IPC. The allegation was that this car was used in abducting a foreigner. 3. The petitioner has prayed for release of the aforesaid vehicle on the ground that he is not at all involved in the offence. He is a registered owner of the aforesaid vehicle and if it is not handed over to him the vehicle is likely to be destroyed while at police station. 4. Undisputedly the petitioner is a registered owner of the aforesaid car and he is not involved in the offence, for which the said car was seized by the police. Mere fact that the said vehicle was used for commission of offence is not sufficient to decline custody of the same to the registered owner who is not involved in the offence.Taking into consideration, the entire facts and circumstances of the case including the facts that (i) the petitioner is a registered owner of the aforesaid car, (ii) he is not involved in the offence and (iii) the car is lying at the Police Station in open place for last about 16 months, I consider it just and proper and in the interest of justice that custody of the aforesaid car should be delivered to the petitioner on Supurdaginama. 5. Consequently, this revision petition is allowed. The impugned order of the trial court is set aside and it is ordered that custody of the Car (Maruti Zen), bearing No. RJ14-3C 2748 be delivered to the petitioner, provided he furnishes a Supurdaginama of Rs. One lac with one surety in the like amount to the satisfaction of the trial court, with the stipulation that the petitioner shall not alienate/transfer the vehicle to any one and shall keep the car without any change in shape, colour etc. The petitioner is also directed to submit three photogrpahs of the car before the trial court.Revision allowed. *******