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2009 DIGILAW 111 (RAJ)

Gaffar Ahmed v. The State of Rajasthan

2009-01-15

BHANWAROO KHAN

body2009
JUDGMENT 1. - This Criminal Misc. Petition under Section 482 Cr.PC. has been filed by the petitioner against the order dated 17.10.2008 passed by learned Special Judge, NDPS Act Cases, Bundi whereby the application of the petitioner for release of motor cycle bearing registration No. RJ08-SC-7712 has been rejected on the ground that the same was being used for transporting contraband and that the trial of the case is still pending. 2. Heard learned counsel for the petitioner and learned PP. 3. Learned counsel for the petitioner has submitted that the petitioner is the registered owner of the motor cycle and that if the vehicle is allowed to remain lying on police station, it would become scrap. In support of his contentions, he has placed reliance on the judgment of a co-ordinate Bench of this Court in the case of Smt. Sheela v. State, (2008 WLC (Raj.) UC 406) where in similar circumstances vehicle which was seized by the police in a case under the provisions of the NDPS Act was released. 4. Looking to the overall facts and circumstances of the case, this petition is allowed. The order dated 17.10.2008 passed by the trial court is hereby set aside and the Motor Cycle (Bajaj Platina) bearing registration number RJ.08.SC.7712 be released on superdginama and delivered to the petitioner on production of registration certificate & insurance policy on satisfying following conditions : (1) petitioner shall furnish personal bond in the sum of Rs. 40,000/- (forty thousand only) with two sureties each of Rs. 40,000/- (forty thousand only) with two sureties each of Rs. 25,000/- to the satisfaction of the trial court with the stipulation to produce the vehicle before that court or competent authority during inquiry, investigation and trial as and when ordered/required; (2) that in the presence of investigating officer, he shall get three coloured cabinet size photographs of the vehicle in question each set showing-(a) number plates; (b) chassis number; (c) engine number; and (d) total body of the vehicle and produce photographs and its negatives along with challan before the trial court; (3) that he shall not change the colour or alter numbers or tamper with the evidence in any manner and shall not make or allow any change in its to be made so as to make it unidentifiable; (4) that without prior permission of the trial court, he shall not transfer or alienate the said vehicle during pendency of the trial and shall not lease it to any one; (5) that if any other person comes forward by way of application claiming for release of vehicle in question, he will surrender the vehicle in question before learned trial court which may examine respective claims of either of parties for release whereof in accordance with law. Petition Allowed. *******