JUDGMENT 1. - By way of this revision petition, the petitioner has challenged the order dated 19.03.2009 passed by the learned Special Judge, NDPS Act Cases, Sri Ganganagar by which the learned trial court refused to release the vehicle on "Supurdginama". 2. Learned counsel for the petitioner submits that Motor Vehicle in the case in hand belongs to the petitioner but it was not registered in his name because he purchased the said vehicle 7-8 days prior to the alleged offence. As per the order of the learned trial court, the Engine and Chassis number of said vehicle are Engine No. GA-84-G-41440 and Chassis No.82-G-11806. The said vehicle was caught carrying contraband of Doda Post to the quantity of 80 KG and two persons namely Rakesh @ Kala and Devendra were on the spot and Sanjay and Vikas @ Vicky were alleged as accused also on the basis of ownership of the vehicle. Challan has already been filed in the Court of Special Judge, NDPS Cases, Sri Ganganagar. 3. Learned counsel for the petitioner submits that in the similar matter i.e. S.B. Criminal Misc. Petition no.416/2010 decided on 12.03.2010 Prakash Chand v. State of Rajasthan reported in 2010 (1) Cr.L.R. [Raj.] 507 , the vehicle was released on "Supurdginama" to the actual owner of the vehicle. 4. Learned Public Prosecutor opposed the petition and supported the judgment of the learned trial court. 5. I have considered the rival contentions made by the learned counsel for the parties and also perused the certain evidence available on record. It is not in dispute that the vehicle belongs to the present petitioner and noon else is claiming the same. The learned trial court declined to release the vehicle in question on "Supurdginama" on the basis that commercial quantity of contraband was found in the vehicle and there is a provision in the NDPS Ac t to confiscate such vehicles which is found to be used in carrying narcotic drugs and substances. 6. In my view, no useful purpose will serve in keeping the vehicle in police station or at any other place. Looking to the facts and circumstances of the case I am inclined to accept the petition. 7.
6. In my view, no useful purpose will serve in keeping the vehicle in police station or at any other place. Looking to the facts and circumstances of the case I am inclined to accept the petition. 7. Accordingly, the revision petition is allowed and the order dated 19.03.2010 passed by the learned Special Judge, NDPS Act Cases, Sri Ganganagar is set aside and the said vehicle in question is ordered to be released on "Supurdaginama" on the following conditions:- [a] the petitioner furnishes a personal bond in the sum of Rs. 7,00,000/- [ Rs. Seven Lacs] along with two sureties of Rs. 3,50,000/- [Three lac Fifty Thousand] each to the satisfaction of the learned trial court undertaking to produce the said Vehicle as and when required to do so. [b] the petitioner shall get the said vehicle photographed showing the 3 registration number as well as the chassis number. Such photograph shall be taken in the presence of Investigating Officer, to be kept on the file of the case. [c] the personal bonds of the petitioner and the bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of the sureties shall further carry the photographs of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them. [d] the petitioner shall undertake not to transfer the ownership of the said vehicle and not to lease it to anyone and not to make allow any changes in it to be made so as to make unidentifiable. [e] the petitioner will not allow the said vehicle to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute any offence under the NDPS Act. 8. With the aforesaid directions the Criminal Revision Petition is allowed and the order dated 19.03.2009 stands set aside.Revision Petition Allowed. *******