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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
AYAN KHAN PATHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The petitioner has filed this criminal revision petition under Section 438 & 442 B.N.S.S. to assail the impugned judgment dated 11.12.2024 passed by learned Additional Sessions Judge, Gulabpura, District Bhilwara, whereby the learned trial Court rejected the application under Section 499/505 of B.N.S.S. , moved by the petitioner for releasing the vehicle Alto Car bearing registration No. MP-14-CC-1238.
2. I have heard learned counsel for the petitioner and learned Public Prosecutor.
3. Learned counsel for the petitioner, in support of his arguments, has placed reliance on a decision of the co-ordinate Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs. State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle and other articles were seized from the accused for carrying contraband of small quantity just above the commercial quantity. It is in that background, the Court has acceded to the prayer of the incumbent and recorded its finding that solely for the reason that the vehicle and other articles are likely to be confiscated after trial, conditional release of the vehicle and other articles on Supurdginama and surety
Conditional release of seized vehicles is permissible under law, provided specific conditions are met, especially when there is a likelihood of confiscation after trial.
Conditional release of seized vehicles is permissible under certain conditions, even if confiscation is likely post-trial.
Conditional release of a seized vehicle is permissible if the registered owner meets specified conditions, as established in prior case law.
The main legal point established in the judgment is that a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be released in favor of its registered owner, even if they....
A vehicle seized under the NDPS Act can be released to its registered owner if no confiscation order has been issued, provided ownership is substantiated.
A seized vehicle can be released in favor of its registered owner, even if they are the accused, if no order of confiscation has been passed under the Narcotic Drugs and Psychotropic Substances Act, ....
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