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2015 DIGILAW 1925 (RAJ)

Sandeep Vishwanath v. State of Rajasthan

2015-11-20

SANDEEP MEHTA

body2015
JUDGMENT : Sandeep Mehta, J. By way of this misc. petition, the petitioner Sandeep Vishwanath has approached this Court being aggrieved of the order dated 21.7.2015 passed by the learned Special Judge (NDPS Act Cases), Jodhpur in connection with Sessions Case No.39/2015 whereby, the application preferred by the petitioner under Section 457 Cr.P.C. seeking interim custody of Innova bearing registration No.MH12 EM 9069 was rejected. 2. The notice of respondent No.2 Mangi Lal Bishnoi has been served but nobody has appeared on his behalf. 3. The petitioner claims to be the registered owner of the vehicle in question. The vehicle was seized from two accused namely Sohan Lal and Heera Ram, who were apprehended plying 21 Kgs. of poppy straw therein. The petitioner, who is a resident of Pune filed an FIR regarding the theft of his registered vehicle at the Police Station Varsova, Mumbai (Maharashtra) on 27.4.2015. The vehicle could not be recovered during the course of the investigation of the said FIR and finally, it was seized from the above two accused while they were plying poppy straw therein after applying duplicate number plate bearing registration No.GJ01.KP.7855. Learned counsel submits that the petitioner has nothing to do with the alleged transportation of the contraband poppy straw. He is the actual and registered owner of the vehicle, which was stolen from his possession. The petitioner promptly filed the FIR at the Police Station Varsova on 27.4.2015 regarding the theft of his registered vehicle. As such, the bona fides of the petitioner cannot be doubted. He, therefore, prays that the petitioner deserves to be given interim custody of the vehicle during pendency of the trial. 4. Learned Public Prosecutor opposes the submissions advanced by the learned counsel for the petitioner. However, with reference to the case diary, he states that the fact regarding the petitioner being the actual and the registered owner of the vehicle has been confirmed by the Investigating Officer. It has further been verified during investigation that the petitioner had lodged an FIR No.145/2015 way-back on 27.4.2015 at the Police Station Varsova regarding the theft of his vehicle. The contraband poppy straw was recovered after the vehicle was stolen i.e. on 12.5.2015. The accused were plying the vehicle after applying forged number plate thereupon. 5. In this background, the misc. petition deserves to be and is hereby allowed. The contraband poppy straw was recovered after the vehicle was stolen i.e. on 12.5.2015. The accused were plying the vehicle after applying forged number plate thereupon. 5. In this background, the misc. petition deserves to be and is hereby allowed. The impugned order dated 21.7.2015 passed by learned Special Judge (NDPS Act Cases), Jodhpur is hereby quashed and set aside. The trial Court shall release the Innova vehicle bearing registration No. MH12 EM 9069 to the petitioner on interim custody and Supardaginama during the course of the trial upon his furnishing a Supardaginama in the sum of Rs.6 lacs and a surety bond in the like amount to the satisfaction of the trial Court and upon the usual terms and conditions. Petition allowed.