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PUSHPENDRA SINGH BHATI
Subhash – 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 misc. petition praying that the order dated 17.06.2021 passed by learned Additional Sessions Judge, Sangaria, District Hanumangarh in Criminal Misc. Case No.175/2021 (arising out of Sessions Case No.17/2020) be set aside, whereby the said Court refused to release the amount of Rs.1,17,500/- to the petitioner.
3. Counsel for the petitioner submits that the petitioner has preferred this misc. petition for releasing the amount in-question, which is alleged to be the proceeds of the contraband in-question. He further submits that the amount in-question is no longer required for investigation and has been wrongly been kept under confiscation.
4. 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 (Raj.) .
5. 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 n
Property that is no longer required for investigation should be released to the rightful owner, provided appropriate guarantees are in place.
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.
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 established that vehicle release is permissible only when no confiscation proceedings are initiated, with conditions for compensation to secure future claims.
The central legal point established in the judgment is the release of vehicles under mining and forest laws, emphasizing the need for compensation/compounding fee and bank guarantee until the conclus....
Conditional release of seized articles cannot be denied.
The court can rely on previous judgments to allow the release of seized property.
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