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PUSHPENDRA SINGH BHATI
Taj Mohammad – Appellant
Versus
State of Rajasthan Through PP – Respondent
ORDER
1. The petitioner has preferred this criminal revision petition praying that the order dated 20.08.2022 passed by learned Special Judge, NDPS Act Cases, Bikaner in Criminal Misc. Case No.209/2022, be set aside, whereby the said court refused to release the car bearing No.RJ-07-CD-766 (Hyundai Motor India Limited CRETA 15 CRDI AT SX OSE) to the petitioner. The said vehicle was seized in connection with FIR No.264/2022 registered at P.S. J.N.V.C., District Bikaner for the offence under Sections 8/22, 25 & 29 of NDPS Act, 1985.
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 in the police station premises,
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....
The court can rely on previous judgments to allow the release of seized property.
The court ruled that the conditional release of a seized vehicle should not be denied without valid reasons, emphasizing the need to prevent damage during prolonged custody.
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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