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PUSHPENDRA SINGH BHATI
Tejpal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. The petitioner has preferred this petition praying that the order dated 29.06.2021 passed by learned Special Judge, NDPS No.1, Chittorgarh in Criminal Misc. Case No.276/2021 (CIS No.48/2021) be set aside, whereby the said Court refused to release the amount of Rs.6,00,000/- to the petitioner.
3. Learned counsel for the petitioner submits that the petitioner has preferred this petition for releasing the amount in question, which is alleged to be the proceed of the contraband in question. He further submits that the amount in question is no longer required for the investigation, as has been wrongly kept under confiscation.
4. Learned counsel for the petitioner has cited the judgment passed by this Court in the matter of Lune Khan Vs. State of Rajasthan,2018 4 CrLR 1783.
5. 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 sta
Seized assets should be released when they are no longer required for investigation, ensuring they do not remain unnecessarily confiscated.
The seized article should not be permitted to remain in the police station if it is no longer required for investigation.
The court's decision was influenced by the applicability of relevant judgments and the requirement of a bank guarantee for the release of the confiscated amount.
Property that is no longer required for investigation should be released to the rightful owner, provided appropriate guarantees are in place.
The court can rely on previous judgments to allow the release of seized property.
Conditional release of seized articles cannot be denied.
Confiscation of Vehicle – Release of - With regard to valuable articles, such as golden or sliver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such....
The court established that vehicle release is permissible only when no confiscation proceedings are initiated, with conditions for compensation to secure future claims.
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