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PUSHPENDRA SINGH BHATI
Gurpreet Singh Chahal – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. The petitioner has preferred this criminal revision petition praying that the impugned order dated 19.04.2022 passed by learned Special Judge, Narcotics Drugs and Psychotropic Substance Act, Bikaner arising out of FIR No.27/2022 registered at Police Station Gajner, Bikaner be set aside and spent earth be released in favour of the petitioner.
2. The learned counsel for the petitioner states at Bar that no confiscation proceedings are pending qua the spent earth and the same is case property. The 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 and shall not remain useful. The Hon'ble Apex Court in Sunderbhai (Supra) has held as under:-
"15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrate who are dealing with such questions to hand over such vehicles to
The court can rely on previous judgments to allow the release of seized property.
The court can allow the release of seized vehicles to the owner upon furnishing a bank guarantee, relying on relevant legal precedents.
The court can allow the release of seized vehicles on supardaginama upon furnishing a bank guarantee, relying on relevant legal precedents.
The main legal point established is the reliance on the judgment of the Supreme Court in Sunderbhai Ambalal Desai, which emphasizes the release of seized vehicles to their owners and the requirement ....
The technicalities should not be a barrier to the release of a seized vehicle if the petitioner has a valid NOC from the finance company, as emphasized in the judgment of the Supreme Court in the cas....
Seized vehicles in criminal proceedings should be released to the rightful owner on conditions, rather than being left in open courts to deteriorate, based on principles of effective property managem....
When ownership of a seized vehicle is not in dispute, the court should exercise its powers under S. 497 and S. 503 BNSS to release the vehicle on conditions to prevent it from decaying in custody, ra....
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