Back
2021 Supreme(Raj) 947
IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Subhash - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3331 of 2021
Decided on : 10-08-2021
Pankaj Kumar Gupta, Advocate, Vikram Sharma, Advocate
The court's decision was influenced by the applicability of relevant judgments and the requirement of a bank guarantee for the release of the confiscated amount.
Headnote:
Confiscation - Release of Amount - The court allowed the release of the amount of Rs.1,17,500/- to the petitioner, citing relevant judgments and directing the trial court to release the amount on supardaginama on usual conditions.
Fact of the Case:
The petitioner sought to set aside the order refusing to release the amount of Rs.1,17,500/-, alleged to be the proceeds of contraband, which was kept under confiscation.
Finding of the Court:
The court allowed the release of the amount, relying on relevant judgments, and directed the trial court to release the amount on supardaginama on usual conditions.
Issues: Release of confiscated amount, applicability of relevant judgments, and conditions for release.
Ratio Decidendi: The court relied on the judgments of Sunderbhai Ambalal Desai vs. State of Gujarat and Lune Khan vs. State of Rajasthan to allow the release of the amount.
Final Decision: The court directed the trial court to release the amount of Rs.1,17,500/- on supardaginama on usual conditions, provided the petitioner furnishes a bank guarantee of the same amount.
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. The petitioner has preferred this misc. petition praying that the order dated 17.06.2021 passed by learned Additional Sessions Judge, Sangaria, District Hanumangarh in Criminal Misc. Case No.175/2021 (arising out of Sessions Case No.17/2020) be set aside, whereby the said Court refused to release the amount of Rs.1,17,500/- to the petitioner.
3. Counsel for the petitioner submits that the petitioner has preferred this misc. petition for releasing the amount in-question, which is alleged to be the proceeds of the contraband in-question. He further submits that the amount in-question is no longer required for investigation and has been wrongly been kept under confiscation.
4. Counsel for the petitioner has cited the judgment passed by this Court in the matter of Lune Khan Vs. State of Rajasthan,2018 4 CrLR 1783 (Raj.).
5. Counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the article should not be permitted to remain in the police station as same shall not remain useful.
6. Learned Public Prosecutor is not in a position to refute the above position.
7. Relying upon the judgment of Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai (supra) and Lune Khan (supra), the present misc. petition is allowed and the trial court is directed to release the amount of Rs.1,17,500/- on supardaginama on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.1,17,500/- with the learned trial court. The disposal of bank guarantee shall be in accordance with the final directions to be passed by the learned trial court after conclusion of the trial.
