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PUSHPENDRA SINGH BHATI
Kuljinder Kaur – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioner has preferred this criminal revision petition praying that the order dated 12.09.2022 passed by learned Special Judge, NDPS Act Cases, Bikaner (Additional Sessions Judge No.1, Bikaner) in Criminal Misc. Case No.172/2022, be set aside, whereby the said court refused to release the car bearing registration No.PB-47F-2777 (Maruti Vitara Brezza) to the petitioner. The said vehicle was seized in connection with FIR No.216/2022 registered at P.S. Jai Narayan Vyas Colony, District Bikaner for the offence under Sections 8/18, 25, 29 of NDPS Act.
2. The learned counsel for the petitioner states at Bar that no confiscation proceedings are pending qua the vehicle in-question 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 vehicle should not be permitted to remain parked in the police station as same shall gather rust 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
The court can allow the release of seized vehicles on supardaginama upon furnishing a bank guarantee, relying on relevant legal precedents.
The court can allow the release of seized vehicles to the owner 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....
The court reiterated the principle of timely release of seized vehicles to prevent deterioration and loss, based on absence of charges against the petitioner.
The court can rely on previous judgments to allow the release of seized property.
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....
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