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2023 Supreme(Raj) 297

ASHOK KUMAR JAIN
Suresh S/o Shri Thakra Ram Bishnoi – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Deepak Bishnoi.
For the Respondent: S.S. Rajpurohit.

ORDER :

1. This Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner-accused being registered owner of the vehicle KWID Renault No. RJ46-CA-1198 (Model 2017), aggrieved against the order dated 09.02.2021 passed by the learned Special Judge, NDPS Cases No. 1, Chittorgarh, whereby the learned Special Judge rejected the application under Section 451 of the Cr.P.C. filed by the petitioner for Supurdginama/handing over the custody of vehicle in question during trial to him.

2. Learned counsel for the petitioner while relying upon the order passed by the Coordinate Bench of this Court in the case of Shyam Sunder vs. State of Rajasthan passed in S.B. Criminal Revision Petition No. 86/2023 decided on 25.01.2023 submits that police has falsely implicated the petitioner-accused as illegal recovery was effected from the vehicle itself. He further submits that the vehicle in question is lying unattended and likely to devalue, if the same remains lying open in the police station during trial. He further submits that the learned trial Court has dismissed the application for releasing the vehicle on supurdginama on the ground that there is a provision of confiscation of the veh

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