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2018 Supreme(Raj) 1911

MANOJ KUMAR GARG
Hanuman Mali – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Shambhoo Singh, Advocate, for the Appellant ; Mr. O.P. Rathi, Public Prosecutor, for the Respondent

JUDGMENT

Manoj Kumar Garg, J. - Petitioner has filed this criminal revision petition under Section 397/401 Cr.P.C. to assail the impugned judgment dated 9.3.2018 passed by Special Judge, N.D.P.S., Act Cases No. 1, Chittorgarh (for short, 'learned Trial Court') whereby the learned Trial Court, rejected the application under Section 451 Cr.P.C., 1973 moved by the petitioner for releasing the vehicle Maruti Swift Dezire Car bearing No. RJ-14-CG-0865.

2. I have heard learned Counsel for the petitioner and learned Public 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 vs. 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 chat the vehicle and other articles can bi granted to the incumbent on certain conditions.

4. Hon'ble Apex Court in the

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