HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Revision Petition No. 862/2021

Kailash Chandra Gurjar S/o Dharmi Chand Gurjar, Aged About 26

Years, B/c Gurjar, R/o Sangani, Barsani, Police Station

Shambhugarh, Tehsil Aasind District Bhilwara.

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Rakesh Matoria.

For Respondent(s)

:

Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

25/10/2021

Petitioner has filed this criminal revision petition under

Section 397 read with Section 401 Cr.P.C. to assail the impugned

judgment dated 29.09.2021 passed by Learned Special Judge,

NDPS Cases No.1, Bhilwara (for short, ‘learned trial Court’)

whereby the learned trial Court rejected the application under

Section 451 Cr.P.C., moved by the petitioner for releasing the XUV

500 bearing registration No.RJ 21-UB-4297, Engine

No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014.

I have heard learned counsel for the petitioner and learned

counsel for the respondent-State.

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

(2 of 3)

[CRLR-862/2021]

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 this background, that 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

cannot be denied and interim custody of the vehicle and other

articles can be granted to the incumbent on certain conditions.

Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs.

State of Gujarat reported in 2002 (10) SCC 283 and co-ordinate

Bench of this Court at Jaipur Bench in case of Prakash Chand

(supra) has held that conditional release of the vehicle cannot be

denied.

Accordingly, the instant revision petition is allowed and the

order dated 29.09.2021 is hereby quashed and set aside and the

XUV 500 bearing registration No.RJ 21-UB-4297, Engine

No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014

in question is ordered to be released on ‘supardgi’ till the

completion of the trial upon following conditions:-

(a) the petitioner furnishes a personal bond in the sum of

Rs.6,00,000/- each with two sureties of Rs.3,00,000/- each to the

satisfaction of the trial Court undertaking to produce the vehicle

XUV 500 bearing registration No.RJ 21-UB-4297, Engine

No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014

in the Court as and when required to do so.

(b) the petitioner shall get the XUV 500 bearing registration No.RJ

21-UB-4297,

Engine

No.HJB4L13807,

Chesis

(3 of 3)

[CRLR-862/2021]

No.MA1YT2HJUE6L14818, Model-04/2014 showing the registration

number as well as the chassis number. Such photograph shall be

taken in the presence of the Investigating Officer, to be kept on

the file of the case.

(c) the personal bonds of the petitioner and bonds of sureties shall

carry the photographs of the petitioner and his sureties and the

bond of sureties shall further carry the photograph of perhaps

identifying them before the Court which is with full residential

particulars of the sureties and the persons identifying them.

(d) the petitioner shall undertake not to transfer the ownership of

the XUV 500 bearing registration No.RJ 21-UB-4297, Engine

No.HJB4L13807, Chesis No.MA1YT2HJUE6L14818, Model-04/2014

and not to lease it to anyone and not to make or allow any

changes in it to be made so as to make unidentifiable.(e)