Order

15/02/2024

1. This petition under Section 482 CrPC has been filed challenging the order dated 25.07.2023, passed by the Special Judge, NDPS Court, Jaipur Metropolitan-I whereby petitioner’s application filed under Section 451 Cr.PC read with Section 457 to release the vehicle Motocycle bearing No. RJ-14-KT-5657 seized in FIR No.579/2023 registered at Police Station Shipra Path, District Jaipur for offences under Sections 8/15 of the NDPS Act, has been dismissed and the vehicle in question on Supurdgi has not been released.

2. Counsel for petitioner submits that the petitioner is registered owner of the vehicle in question, which was seized in the present criminal case, arising out of FIR No.579/2023 registered at Police Station Shipra Path, District Jaipur. He submits that petitioner is not accused in the present criminal case. He also submits that the charge sheet has already been filed and the conclusion of the criminal trial will take its own time. There is no rival claimant to take vehicle in question on Supurdgi and petitioner is ready to abide by terms and conditions imposed by this Court to release the vehicle. If the vehicle remains in custody of the Police, its condition would damage, the vehicle is parked at Police Station in an open place, and same would catch rust in dust and rain; further, the custody of vehicle with the Police is no more required during course of trial, therefore, in such circumstances, the vehicle may be ordered to be released to petitioner on Supurdgi.

3. Learned counsel for petitioner has placed reliance on the judgment of Hon’ble the Supreme Court delivered in case of Sunderbahi Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283] as also on the judgment of a Coordinate Bench of the Rajasthan High Court delivered in case of Prakash Chand Vs.

State of Rajasthan [(2010) 1 Cr.L.R. (Raj.) 507].

4. Learned Public Prosecutor has opposed the prayer of petitioner to release the vehicle on Supurdgi.

5. Having heard counsel for parties, this Court finds that during investigation in the FIR No.579/2023, the vehicle in question was seized and after completing the investigation, the criminal case is under trial. It is noticeable that the Public Prosecutor has not brought to notice of this Court about any order of confiscation in respect of vehicle in question. Petitioner has stated himself to be the registered owner and no rival claimant to take custody of vehicle came forward neither before the trial Court nor before this Court. Vehicle would certainly may damage in case it is allowed to continue to remain parked and unused. Therefore, this Court prima facie deems it just and proper as also expedient to release the vehicle in question in the interim custody of petitioner, however on certain conditions.

6. This Court finds support for its view by the judgment of the Hon’ble Supreme Court in case of Sunderbhai Ambalal Desai (Supra) and the Coordinate Bench, in case of Prakash Chand (Supra), wherein it has been held that the conditional release of the seized vehicle during course of criminal trial, should not be ordinarily denied.

7. As a result, the present criminal Misc. petition is allowed. The impugned order dated 25.07.2023 is quashed and set aside. The vehicle in question is ordered to be released on “Supurdgi” to petitioner till completion of the criminal trial, but on following conditions:-

“(a) the petitioner furnishes a supurdgi in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court undertaking to produce the vehicle Motorcycle RJ-14-

KT-5657 in the Court as and when required to do so.

(b) the petitioner shall get the vehicle in question photographed showing the registration number as well as the chassis number. Such photograph shall be taken in presence of the Investigating Officer, to be kept on the file of the case.

(c) the personal bond of the petitioner and bonds of sureties shall carry photographs of the petitioner and his sureties and the bond of