1. - By this miscellaneous petition, the order dated 20.1.2010 has been challenged whereby the Court below refused to release the motor vehicle on "Supurdagi".

2. Learned counsel for the petitioner submits that the motor vehicle involved in the matter belongs to the petitioner, which was registered for its commercial use. The petitioner was using the motor vehicle as a taxi car wherein one person along with the petitioner were caught carrying contraband just above to small quantity. The petitioner moved an application for release of vehicle on Supurdagi, however, the said application was rejected in view of the provisions of Section 60 of the N.D.P.S. Act because on trial, the vehicle is liable to be confiscated. Learned counsel for the petitioner has given a reference of the judgment of this Court in the case of Vijay Kumar v. State of Rajasthan, reported in 2001 (2) R Cr D 161 (Raj) wherein similar issue was dealt with and the vehicle was released on "Supurdgi".

3. Learned Public Prosecutor on the other hand opposed this miscellaneous petition.

4. I have considered the submissions made by the learned counsel for the parties and scanned the matter carefully.

5. It is not in dispute that motor vehicle involved in the present matter is registered for commercial use and the petitioner is the owner of the vehicle and thereby, no other person has claimed rights over the vehicle. Only for the reason that vehicle is liable to be confiscated after trial, "Supurdagi" of the vehicle cannot be denied. It is only an interim custody, which is given to the party on certain conditions.

6. In view of the aforesaid, I am inclined to accept the petition. Accordingly, the order dated 20.1.2010 is set aside and the miscellaneous petition is accepted. The motor vehicle is ordered to be released on "Supurdagi" on following conditions:-

(a) the petitioner furnishes a personal bond in the sum of Rs. 3,00,000/- each with two sureties of Rs. 1,50,000/- each to the satisfaction of the trial Court undertaking to produce the car in the Court as and when required to do so.

(b) the petitioner shall get the car photographed showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

(c) the personal bonds of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photographs of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.

(d) the petitioner shall undertake not to transfer the ownership of the car and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.

(e) the petitioner will not allow the car No. RJ-02/TA-0305 to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the N.D.P.S. Act.
With the aforesaid directions, the criminal miscellaneous petition is allowed. The order dated 20.1.2010 is set aside accordingly.Petition allowed.

*******