Back
P.K.LOHRA
RAJU RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Certainly. Based on the provided legal document, here are the key points:
The trial court has the discretion to release a vehicle seized under the NDPS Act on Supurdgi, even if further investigation is ongoing against one of the accused persons, particularly when the accused have been acquitted in the main case (!) (!) .
The court emphasized that the acquittal of some accused persons can be a relevant factor in exercising the discretion to release the vehicle, especially when the vehicle was seized for carrying a small quantity of contraband above the commercial quantity (!) .
The order for release of the vehicle can be subject to certain conditions, including furnishing adequate bonds and sureties, and undertaking not to transfer ownership or use the vehicle for unlawful activities (!) (!) (!) (!) (!) (!) .
The order of the trial court rejecting the release on the grounds of pending further investigation was found to be in error, and the court directed the release of the vehicle on appropriate bonds and conditions (!) .
The court relied on prior judgments that support the conditional release of vehicles seized under NDPS for small quantities of contraband, reinforcing the principle that such vehicles should not be automatically confiscated pending trial (!) .
The petitioner’s application for release was ultimately granted, and the impugned order was quashed, allowing the vehicle to be released on bond and surety, subject to the specified conditions (!) .
Please let me know if you need further analysis or specific legal advice regarding this case.
P.K. Lohra, J.
Failure of petitioner before Court below, in his pursuit for release of vehicle in connection with FIR No.75/2013 of Police Station Osian, District Jodhpur, has prompted him to invoke inherent jurisdiction of this Court under Section 482 Cr.P.C.
2. The facts, in brief, are that pursuant to FIR aforesaid, after investigation, police arrested Hajari Ram and Sunil and submitted charge sheet under Section 8/21 of the NDPS Act before Special Judge, NDPS Act Cases, Jodhpur (for short, 'learned trial Court'). The trial Court proceeded with trial and framed charges against accused persons for offence under Section 8/21 read with Section 25 and Section 8/21 read with section 29 of the NDPS Act. Upon conclusion of the trial, both the accused persons were acquitted by the learned trial Court by its judgment dated 3rd of April, 2017. As the vehicle Scorpio YIX, white in colour with Engine No.MXD4D23257 and Chassis No.D2D47105, owned by the petitioner, is seized by the police for allegedly carrying contraband, after conclusion of the trial, petitioner made endeavour for release of the vehicle before learned trial Court but the learned trial Court by its order dated 26th of A
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
