[2026:RJ-JD:7211]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 156/2026 Murari Lal S/o Natwarlal, Aged About 52 Years, Resident Of Ward No. 28 Madanganj, Kishangarh, District Ajmer(Raj), Through Power Of Attorny Holder Suraj Kumawat S/o Murarilal, Aged About 20 Years, Resident Of Ward No. 28 Madanganj, Kishangarh, District Ajmer (Raj)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bharat Gurjar For Respondent(s) : Mr. N.S. Chandawat, DyGA HON'BLE MR. JUSTICE FARJAND ALI

Order

09/02/2026

1. By way of filing of the instant criminal revision petition, challenge has been made to the order dated 24.12.2025 passed by the learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No. 454/2025 (CIS No. 92/2025), pertaining to FIR No. 135/2025 registered at Police Station Bigod, District Bhilwara, whereby the application preferred by the petitioner (through his power of attorney holder – his son Suraj Kumawat) under Section

503 of the BNSS for release of the seized vehicle was rejected.

2. Learned counsel for the petitioner submits that the seized vehicle, namely Honda City car bearing registration No. RJ-42-CA- 7665, is registered in the name of petitioner Murari Lal, who has furnished an affidavit on record asserting his ownership, consent of delivery and undertaking to produce the vehicle as and when required. It is further asserted in the affidavit that he has no objection, if the vehicle in question is released to his son Suraj, who is his power of attorney holder and is fully authorized by him in connection interim release of the said vehcile. It is further submitted that the vehicle is lying idle in the open premises of the police station and continued detention thereof would result in deterioration. Learned counsel submits that the petitioner is willing to abide by any condition that may be imposed by the Court and there is no rival claim with respect to the vehicle.

3. Learned Public Prosecutor opposed the criminal revision petition.

4. 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, and the order dated 18.11.2022 passed by the Hon’ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP (Crl.) No. 7280/2022] titled as Sainaba Vs. The State of Kerala & Anr., wherein it has been emphasized that seized vehicles should not be allowed to remain in police custody for a long period and can be released on appropriate terms and conditions even in cases arising out of special enactments, such as the NDPS Act, and having regard to the settled position of law that continued retention of the vehicle serves no useful purpose when ownership is not in dispute and the vehicle is not required for evidentiary purposes, this Court is of the view that the impugned order suffers from infirmity. The ends of justice would be met by releasing the vehicle on appropriate terms and conditions, without prejudice to the merits of the trial.

5. Consequently, the criminal revision petition is allowed. The order dated 24.12.2025 passed by the learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No. 454/2025 (CIS No. 92/2025) is set aside. It is directed that the seized vehicle, namely Honda City car bearing registration No. RJ-42-CA-7665, shall be released in favour of the petitioner on interim custody till conclusion of the trial, provided he furnishes a supurdginama of Rs. 5,00,000/- (Rupees Five Lakhs only) along with one surety of the like amount to the satisfaction of the Court below, subject to such other conditions as the Court below may deem fit to impose.

(FARJAND ALI),J

212-Pramod/-