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2019 DIGILAW 149 (RAJ)

Yogesh Shakya v. State of Rajasthan

2019-01-11

KANWALJIT SINGH AHLUWALIA

body2019
JUDGMENT Kanwaljit Singh Ahluwalia, J. - The present petition has been filed under Section 482 Cr.P.C., 1973 praying that the order dated 24.12.2018 passed by Special Judge N.D.P.S. Act, Chhabra District Baran, be set aside, whereby the said court refused to release Maruti Omni Car bearing registration No. MP-07-BA-4470 to the petitioner. 2. The learned counsel for the petitioner has contended that 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 vehicle and the same is case property of case FIR No. 287/2018 registered at Police Station Chhipabarod, District Baran, for the offence under Section 8/15 of NDPS Act. 4. 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 Sunder bhai Ambalal Desai (supra), present petition is allowed and the trial court is directed to release the vehicle seized as case property by imposing following conditions:- (a) That the petitioner shall keep the vehicle so released intact and shall not change their identification. (b) That the petitioner shall produce the vehicle 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 a registered owner of the vehicle.