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2021 Supreme(Raj) 700
IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Tejpal - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3881 of 2021
Decided on : 04-08-2021
Bhanwaru Ram, Advocate, Arun Kumar, Advocate
The seized article should not be permitted to remain in the police station if it is no longer required for investigation.
Headnote:
Release of Amount - Criminal Procedure - The court allowed the release of the amount of Rs.6,00,000/- to the petitioner, relying on the legal principles established in the judgments of Lune Khan Vs. State of Rajasthan, 2018 4 CrLR 1783 and Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, which emphasized that the seized article should not be permitted to remain in the police station if it is no longer required for investigation.
Fact of the Case:
The petitioner sought the release of the amount of Rs.6,00,000/- which was alleged to be the proceed of the contraband in question.
Finding of the Court:
The court allowed the release of the amount of Rs.6,00,000/- to the petitioner, directing the trial court to release the amount on supardaginama on usual conditions, provided the petitioner furnishes a bank guarantee of Rs.6,00,000/- with the trial court.
Issues:
Ratio Decidendi: The court relied on the legal principles established in the judgments of Lune Khan Vs. State of Rajasthan, 2018 4 CrLR 1783 and Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, which emphasized that the seized article should not be permitted to remain in the police station if it is no longer required for investigation.
Final Decision: The petition was allowed, and the trial court was directed to release the amount of Rs.6,00,000/- on supardaginama on usual conditions, provided the petitioner furnishes a bank guarantee of Rs.6,00,000/- with the trial court.
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 petition praying that the order dated 29.06.2021 passed by learned Special Judge, NDPS No.1, Chittorgarh in Criminal Misc. Case No.276/2021 (CIS No.48/2021) be set aside, whereby the said Court refused to release the amount of Rs.6,00,000/- to the petitioner.
3. Learned counsel for the petitioner submits that the petitioner has preferred this petition for releasing the amount in question, which is alleged to be the proceed of the contraband in question. He further submits that the amount in question is no longer required for the investigation, as has been wrongly kept under confiscation.
4. Learned 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.
5. Learned 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 the Supreme Court in the case of Sunderbhai Ambalal Desai (supra) and Lune Khan (supra), the present petition is allowed and the trial court is directed to release the amount of Rs.6,00,000/- on supardaginama on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.6,00,000/- with the learned trial court. The disposal of the bank guarantee shall be in accordance with the final directions to be passed by the learned trial court after conclusion of the trial.
