A registered owner of a vehicle seized under the NDPS Act may reclaim it upon fulfilling certain conditions, despite its involvement in illegal activities.

ORDER

1. The present revision petition has been preferred under Section 397 read with Section 401 Cr.P.C. on behalf of the petitioner-applicant against the order dated 21.01.2021 passed by the learned Special Judge, NDPS Cases No. 2, Chittorgarh in Misc. Application No. 03/2021, First Information Report No. 133/2020, Police Station Parsoli, District Chittorgarh [Sessions Case No. 95/2020 (State of Rajasthan Vs. Jasmail Kaur & Ors.), registered for the offences punishable under Section 8/15, 25, 29 of the NDPS Act in which, the vehicle, Hero Splendor registration No. RJ 09 SQ 3851, was seized. By the impugned order, the learned Trial Court has rejected the application for release of the vehicle.

2. Heard learned counsel for the petitioner/applicant as well as learned Public Prosecutor.

3. Learned counsel for the petitioner/applicant stated that the petitioner is the registered owner of the vehicle in question (registration certificate is available at page number 28 of the charge-sheet); that the learned Trial Court has rejected the application seeking release of the vehicle in question on the ground that the vehicle was involved in illegal transportation of the poppy-straw whereas, it is settled position of law by the decision of Hon'ble the Supreme Court that the vehicle can be released on supardiginama to its registered owner as per the guidelines issued in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in JT 2002 (10) SC 80.

4. Learned Public Prosecutor stated that appropriate orders may kindly be passed.

5. I have considered the submissions and perused the material available on record.

6. In the opinion of this Court, it would be appropriate to release the vehicle in question on Supurdaginama.

7. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present Revision Petition is allowed and the order dated 21.01.2021 passed by learned Special Judge, NDPS Cases No. 2., Chittorgarh is set aside. The trial Court is directed to release the vehicle in question, i.e., Hero Splendor registration No. RJ 09 SQ 3851 seized as case property by imposing following conditions :-

(1) that the petitioner furnishes a personal bond I the sum of Rs. 40,000/- with two sureties of Rs. 20,000/-each to the satisfaction of the Trial Court, undertaking to produce the vehicle in question in the Court, as and when required to do so.

(2) that the petitioner shall get the questioned vehicle's coloured photographed showing the registration number as well as the chasis number. Such coloured photographs shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

(3) that the personal bond of the petitioner and the bonds of the sureties shall carry the coloured photographs of the petitioner as well as his sureties and the bond of sureties shall further carry the photographs of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.

(4) that the petitioner shall undertake not to transfer the ownership of the vehicle in question and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.

(5) that the petitioner will not allow the Hero Splendor registration No. RJ 09 SQ 3851 to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the NDPS Act.

8. Needless to say, that the Trial Court shall make verification that the petitioner is a registered owner of the vehicle.

9. The present revision petition stands disposed of accordingly.