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2018 DIGILAW 2168 (RAJ)

Abdul Wajid v. State of Rajasthan

2018-10-30

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT Kanwaljit Singh Ahluwalia, J. - The present petition has been filed under Section 482 Cr.P.C., 1973 praying that the order dated 09.10.2018 passed by Special Judge, N.D.P.S. Cases, Kota be set aside, whereby the said Court refused to release vehicle " Maruti Swift VDI Car bearing registration No.RJ-02-CA-5578 to the petitioner. 2. The learned counsel appearing for the petitioner has submitted that the petitioner is a registered owner of the vehicle, in question. 3. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the Maruti Swift VDI Car and the same is case property of case FIR No.268/2018, registered at Police Station Anantpura, District Kota City for commission of offence punishable under Section 8/21 of the N.D.P.S. Act. 4. The learned Public Prosecutor appearing for the State has submitted that the proceedings for confiscation of the vehicle has to commence and therefore, the vehicle could not be released. I have heard the learned counsel for the parties. 5. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful. 6. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial court is directed to release the Maruti Swift VDI Car seized as case property by imposing following conditions:- "(a) That the petitioner shall keep the Maruti Swift VDI Car, so released intact and shall not change its identification. (b) That the petitioner shall produce the Maruti Swift VDI Car as and when trial court requires the same for proposed identification of the case property. (c) That the petitioner shall execute Supurdaginama/ indemnity bond and bonds by two sureties to the satisfaction of the trial court. (d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit." 7. Needless to say, trial court shall make verification that the petitioner is registered owner of the Maruti Swift VDI Car.