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2022 Supreme(Raj) 2062

UMA SHANKER VYAS
Bhanwarlal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Kuldeep Bhatia, for the Appellant
Mr. Rajendra Yadav, Pp, for the Respondent.

ORDER

1. This criminal revision petition has been filed against the order dated 01.11.2021 passed by the learned Special Judge NDPS Act, Chhabra District Baran (Raj.), whereby the application filed by the accused-petitioner under Section 457 Cr.P.C for releasing the Motorcycle Honda Shine No.RJ-28-S.S.-2837 has been dismissed.

2. It is contended by the learned counsel for the petitioner that proceedings have been initiated for the confiscation of the vehicle. The petitioner is registered owner of the vehicle and there is no other rival claim for its release. Relying on the judgments of the Hon'ble Apex Court of India in cases of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 290 and Coordinate Bench Judgments dated 14.08.2012 in S.B. Criminal Miscellaneous Petition No.2682/2012, Phool Singh vs. State of Rajasthan and in cases of Bal Mikand vs. State, 1994 CriLr (Raj) 4, Prakash Chand vs. State of Rajasthan, S.B. Criminal Miscellaneous Petition No.416/2010 decided on 12.03.2010 & Laxman vs. State of Rajasthan, S.B. Criminal Miscellaneous Petition No.61/2018 decided on 16.04.2018, learned counsel submitted that vehicle be given to the petitioner on furnishing 'supurdginam

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