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2019 Supreme(Raj) 416

MANOJ KUMAR GARG
RAMESH KUMAR – Appellant
Versus
STATE OF RAJASTHAN, THROUGH PP – Respondent


Advocates Appeared:
For the Appellant : Mr. A.S. Rathore and Mr. Hanuman Khokhar, Adv.
For the Respondent: Mr. Mohd. Javed Gauri, PP

JUDGMENT :

1. Petitioner has filed this criminal revision petition under Section 397/401 Cr.P.C. to assail the impugned judgment dated 15.03.2019 passed by Learned Special Judge, NDPS Cases No. 2, Chittorgarh (for short, learned trial Court) whereby the learned trial Court rejected the application under Section 451 Cr.P.C., moved by the petitioner for releasing the vehicle Swift Dzire Car bearing Registration No. RJ-44-CA-1089, Chasis No. MA3FJEBS00858487, Engine No. D13A2719081.

2. I have heard learned counsel for the petitioner and learned Public Prosecutor for the State.

3. Learned counsel for the petitioner, in support of his arguments, has placed reliance on a decision of the co-ordinate Bench of this Court rendered at Jaipur Bench in Prakash Chand v. State of Rajasthan reported in 2010 (1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle and other articles were seized from the accused for carrying contraband of small quantity just above the commercial quantity. It is in that background, the Court has acceded to the prayer of the incumbent and recorded its finding that solely for the reason that the vehicle and other articles are likely to be confiscated after trial, con








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