HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8010/2022 Mansingh S/o Bhagirath Singh, aged about 23 Years, R/o Village Bhareda, P.s.baroni, District Tonk, At Present Tenant Plot No. A-42, Shankar Vihar, Siddharth Nagar, P.S.- Jawahar Circle, Jaipur.

----Petitioner Versus State of Rajasthan, Through P.P.

----Respondent For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Amit Punia-PP JUSTICE ANOOP KUMAR DHAND

Order

26/11/2025

1. By way of filing the present criminal misc. petition, a challenge has been led to the impugned order dated 25.08.2022 passed by the Special Judge, NDPS Cases, Jaipur Metropolitan-I by which the application submitted by the petitioner under Section 451 read with Section 457 Cr.P.C., for releasing the vehicle bearing No.RJ-14-TD-0347, has been rejected.

2. Counsel for the petitioner submits that the petitioner is the registered owner of the vehicle and the vehicle in question is the only source of his livelihood. Counsel submits that the petitioner’s vehicle has been illegally seized by the Investigating Officer in connection with FIR No.509/2021 registered with Police Station Shyam Nagar, Jaipur City (South) for the offence under Section 8/20 of the NDPS Act. Counsel submits that the vehicle in question is lying at the Police Station and it may be spoilt/damaged if allowed to remain at the police station. Hence, the application has been submitted by the petitioner for releasing the petitioner's vehicle till conclusion of trial on Superdagi but the aforesaid application has been rejected by the trial Court vide impugned order dated 25.08.2022. Hence, interference of this Court is warranted.

3. Learned Public Prosecutor opposed the prayer and submitted that Sub Inspector received certain secret information that a vehicle bearing No.RJ-14-TD-0347 is carrying drugs and contraband. When the vehicle in question was inspected, it was found that 4 persons namely Mansingh, Himmat Bairwa, Dilraj Bairwa and Aakash Bairwa were sitting inside and upon further inspection, a bag containing Ganja was recovered from their possession. Since the petitioner is the registered owner of the vehicle the same can not be released in light of the judgment passed by Hon'ble Apex Court in the case of Bishwajit Dey Vs. State of Assam (Criminal Appeal No.87/2025) decided on

07.01.2025.

4. Heard and considered the submissions made at Bar and perused the material available on record.

5. This fact is not in dispute that the petitioner is claiming himself to be the owner of the vehicle in question. This fact is not in dispute that the FIR No. 509/2021 was lodged against the petitioner along with co-accused persons for the offence under Section 8/20 of the NDPS Act, wherein it has been alleged that a bag containing Ganja was recovered from the said vehicle. The Hon'ble Apex Court in the case of Bishwajit Dey(Supra) has formulated four scenarios and it has been held that if the vehicle is found to be involved in the first and second scenarios, the vehicle cannot be released and if the vehicle is found to be involved in third and four scenarios, appropriate orders can be passed by the Court for releasing the vehicle on 'Supurdagi' and it has been held in para 29 and 30 as under:-

“29. Though seizure of drugs/substances from conveyances can take place in a number of situations, yet broadly speaking there are four scenarios in which the drug or substance is seized from a conveyance. Firstly, where the owner of the vehicle is the person from whom the possession of contraband drugs/substance is recovered. Secondly, where the contraband is recovered from the possession of the agent of the owner i.e. like driver or cleaner hired by the owner. Thirdly, where the vehicle has been stolen by the accused and contraband is recovered from such stolen vehicle. Fourthly, where the contraband is seized / recovered from a third-party occupant (with or without consideration) of the vehicle without any a