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2019 DIGILAW 225 (RAJ)

Amar Singh v. State of Rajasthan

2019-01-18

PUSHPENDRA SINGH BHATI

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JUDGMENT 1. For the reasons stated, the application for preponement is allowed. 2. With the consent of learned counsel for the parties, the matter is finally heard and decided today itself. 3. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 12.12.2018 passed by learned Special Judge, NDPS Act Cases, Rajgarh in Criminal Case No. 43/2018 whereby the said Court has dismissed the application under Section 451 of Cr.P.C. filed by the petitioner for releasing the truck bearing Registration No. PB-11-CN-6785 detained in the matter of FIR No. 402/2018 lodged at P.S. Rajgarh, District Churu for the offences under Section 8/15 & 29 of NDPS Act. 4. This Court passed the following order on 19.12.2018:- "Issue notice. Public Prosecutor accepts notice on behalf of respondent. Learned Public Prosecutor is directed to file a specific stand of Investigating Officer as regards requirement of the vehicle in-question for investigation. For the purpose, learned Public Prosecutor seeks time. Time prayed for is allowed. List after two weeks." 5. Learned P.P. informs this Court that the investigation is complete and the vehicle in question is no more required for investigation. The factual report is taken on record. 6. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai v. 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. 7. Learned counsel for the respondents is not in a position to refute the above position. 8. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present petition is allowed and the trial court is directed to release the truck bearing Registration No. PB-11-CN-6785 on supardaginama in favour of the petitioner on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs. 5,00,000/- with the trial court. 9. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.