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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3821/2020

Ms Wood Opposite Swaraj Tractor, Sikodara Anand Via Proprietor

Mohsin Hasan S/o Hamzabhai Bodeliwala, By Caste Muslim, Age

About 31 Years R/o 401, Sharnam Bless, Beside 7 Seas Mall,

Fatehgarh (Fatehganj), Vadodara, Gujarat.

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Dr. RDSS Kharlia

Ms. Kinjal Purohit

For Respondent(s)

:

Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/11/2023

1.

This Criminal Miscellaneous Petition has been filed under

Section 482 Cr.P.C. against the order dated 09.06.2020 passed

byv learned Additional Sessions Judge, Gaulabpura, District

Bhilwara in Criminal Revision Petition No.06/2020 uphelding the

order dated 12.03.2020 passed by learned Additional Chief Judicial

Magistrate, Gulabpura in FIR No.35/2020 registered at Police

Station Gulabpuar,District Bhilwara whereby the application filed

by the petitioner for Supurdgi of truck and woods was rejected.

2.

Learned counsel for the petitioner submits that during the

nakabandi complainant and his team searched a truck bearing

registered number GJ 06 VV 9121 and found timber wood. It was

further submitted that the police authority has wrongly seized the

timber wood and vehicle in question. Learned counsel for the

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petitioner also submits that petitioner filed an application before

learned trial court for taking the wood and truck on Supurdgi but

trial court vide order dated 12.03.2020 has wrongly dismissed the

said application. He further submits that petitioner had filed

revision against the said order before learned Additional Sessions

Judge, Gulabpura, District Bhilwara who vide order dated

09.06.2020 dismissed the revision petition. He further submits

that timber wood and truck are lying in open place at Police

Station. They would be destroyed by weather. No useful purpose

would be served to retain them in the Police Station. So, the order

of learned trial court as well as revisional court be set aside.

3.

Learned Public Prosecutor has opposed the arguments

advanced by learned counsel for the petitioner and submitted that

orders of learned trial court as well as revisional court do not

suffer from any illegality or infirmity. So, petition filed by the

petitioner be dismissed.

4.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned Public Prosecutor and

perused the impugned orders.

5.

It is an admitted position that the timber wood was being

transferred from Gujarat to Kethal, Haryana in truck. Conclusion of

trial will take time. If timberwood and truck are lying in open place

at Police Station, the same will certainly destroyed by weather

conditions.

6.

Considering the submissions and following the judgment

rendered by Hon'ble the Supreme Court in the case of

Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in

AIR 2003 SC 638, the criminal misc. petition is allowed and the

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orders of learned trial court as well as revisional court are set

aside. This Court deems it just and appropriate to release the

vehicle in question in favour of the petitioner on interim custody

till conclusion of the trial provided he furnishes a Supurdaginama

of Rs. 5,00,000/- and surety of like amount to the satisfaction of

the Court below as well as it is also directed to release the timber

wood on Supurdgi as the learned trial Court deems fit.

(FARJAND ALI),J

1021-divya/-