Jagsheer S/o Sh. Juppa Singh, by caste Majhabi v. State of Rajasthan
2017-04-19
PUSHPENDRA SINGH BHATI
body2017
DigiLaw.ai
JUDGMENT : Pushpendra Singh Bhati, J. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 04.06.2016 passed by learned Special Judge (NDPS Act Cases), Rajgarh, District Churu in criminal case No.225/2016 whereby the application filed by the petitioner under Section 457 IPC for releasing the vehicle on 'Supardgi' was rejected. 2. Learned counsel for the petitioner fair concedes that the present case is squarely covered by the decisions rendered in S.B. Criminal Misc. Petition No.2000/2015; Madavdas v. State of Rajasthan decided on 30.07.2015; S.B. Criminal Misc. Petition No. 2683/2012; Ganga Ram @ Ganpat Singh v. The State of Rajasthan decided on 27.04.2013 and S.B. Criminal Revision Petition No.315/2013; Rana Ram v. The State of Rajasthan decided on 05.07.2013.. 3. The relevant portion of the judgments in Madhavdas (supra) and Ganga Ram @ Ganpat Singh (supra) are as follows: "Madhavdas (supra) "Heard learned counsel for the petitioner and perused the impugned order. When there is no dispute that the petitioner is the registered owner of the vehicle in question, which was stolen from Jodhpur and later on seized by the police from Jhab District Jalore in connection with the illegal transportation of Poppy Husk and the petitioner is not involved in illegal transportation of Poppy Husk, this Court is of the opinion that the court below has erred in not releasing the vehicle in question on 'Supurdaginama' to the petitioner who is the only claimant. The petitioner cannot be made to suffer for the actions of the others. The vehicle in question of the petitioner was stolen and was used for illegal transportation of Poppy Husk, wherein the petitioner was not at all involved and in such circumstances the petitioner deserves custody of vehicle in question on 'Supurdaginama'. No doubt, if the vehicle in question is remained at the Police Station without proper care for a long time, the same will be destroyed. In view of the above discussions, this criminal misc. petition is allowed. The application filed by the petitioner under Section 457 Cr.P.C. for releasing the vehicle in question on 'Supurdaginama' before the court below is allowed. The court below is directed to release the vehicle in question on 'Supurdaginama' on reasonable conditions subject to furnishing sureties by the petitioner to its satisfaction.
petition is allowed. The application filed by the petitioner under Section 457 Cr.P.C. for releasing the vehicle in question on 'Supurdaginama' before the court below is allowed. The court below is directed to release the vehicle in question on 'Supurdaginama' on reasonable conditions subject to furnishing sureties by the petitioner to its satisfaction. It is made clear that till the disposal of the trial of the case pertaining to FIR No.152/2014 of Police Station, Jhab, District Jalore the petitioner shall not transfer the vehicle in question to any other person and always produce the vehicle in question as and when ordered to do so by the court below." Ganga Ram @ Ganpat Singh (supra): "Heard and considered the arguments advanced by learned counsel for the parties at the bar and perused the order impugned. Un-disputedly, in this case, the recovered contraband opium was weighing one kilogram, which is below commercial quantity. Till date, the trial of the case has not moved an inch because the charges have even not been framed at the trial. Thus, this Court is of the opinion that no useful purpose would be served in keeping the vehicle in question lying in an unattended condition at the police station as the same would be rendered waste. Resultantly, the misc. petition succeeds and is allowed. The order dated 21.7.2012 passed by the learned Special Judge, NDPS Act Cases, Jodhpur is hereby quashed and the learned trial court is directed to release the vehicle in question i.e. the jeep bearing registration No.RJ-04-TA-0069 to the petitioner on 'supardaginama' upon his furnishing a solvent security in the sum of Rs.3,00,000/- with one surety in the like amount." 4. The order dated 05.07.2013 passed in S.B. Criminal Revision Petition No.315/2013 Rana Ram v. State of Rajasthan is as follows: "Application of Rana Ram under Section 457 Cr.P.C. was first rejected on 30.10.2012 and second time it was rejected on 25.02.2013 by Special Judge, NDPS Act Cases, Jodhpur in Criminal Case No.10/2013 under Section 8/18 of the NDPS Act, 1985 State v. Mahesh etc. This revision has been filed against the second order i.e. 25.02.2013. Vehicle was allegedly seized from accused Mahesh and it has been stated that about 23 Kgs and 590 grams of opium milk was recovered from that vehicle. The accused Mahesh is in jail and he has given power of attorney in favour of the petitioner Rana Ram.
This revision has been filed against the second order i.e. 25.02.2013. Vehicle was allegedly seized from accused Mahesh and it has been stated that about 23 Kgs and 590 grams of opium milk was recovered from that vehicle. The accused Mahesh is in jail and he has given power of attorney in favour of the petitioner Rana Ram. Photo stat copy of power of attorney has also been filed in this Court. The vehicle is lying since long in the concerned police station and the present value of the above vehicle is said to be Rs.5,00,000/- (Rs. Five lacs). In the circumstances of the case, the vehicle RJ 19 GA 5570 (truck) may be given to petitioner Rana Ram on furnishing one personal bond and one surety bond of Rs.5,00,000/- (Rs. Five lac) each to the satisfaction of the trial court. The petitioner Rana Ram and surety will be bound to deposit Rs.5,00,000/- (Rs. Five Lac) before the lower court if the case ends on conviction and the court orders for confiscation of the truck. The revision petition is accordingly disposed of. A copy of this order be sent to the trial court within seven days from today." 5. The present criminal misc. petition is accordingly allowed, in terms of the aforementioned judgments passed in S.B. Criminal Revision Petition No.315/2013 Rana Ram v. State of Rajasthan, S.B. Criminal Misc. Petition No.2000/2015 Madhavdas v. State of Rajasthan and S.B. Criminal Misc. Petition No.2683/2012 Ganga Ram @ Ganpat Singh v. State of Rajasthan. The order dated 04.06.2016 passed by learned Special Judge (NDPS Act Cases), Rajgarh, District Churu is hereby quashed and the learned trial court is directed to release the vehicle in question i.e. car bearing registration No. DL 6 CF 0078 to the petitioner on 'supardaginama' upon his furnishing a solvent security in the sum of Rs.3,00,000/- with one surety in the like amount.