HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

S.B. Criminal Misc(Pet.) No. 5853/2021

Nirmal Singh S/o Darshan Singh, Aged About 40 Years, B/c Sikh,

R/o H.no. 745, Ishar Nagar, Tehsil Ludhiana-Punjab, Power Of

Attorney Holder Gurvindra Kaur W/o Nirmal Singh, B/c Sikh, R/o

H.no. 745, Ishar Nagar, Teh. Ludhiana-Punjab.

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Pritam Solanki.

For Respondent(s)

:

Mr. Mool Singh Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

08/11/2021

Petitioner through Power of Attorney Holder has filed this

criminal misc. petition under Section 482 Cr.P.C. to assail the

impugned order dated 25.01.2021 passed by Learned Special

Judge (N.D.P.S. Cases), Ratangarh District Churu (for short,

‘learned trial Court’) whereby the learned trial Court rejected the

application under Section 457 Cr.P.C., moved by the petitioner for

releasing the vehicle Truck No. PB-10-GX-4128 on ‘supurdagi’.

I have heard learned counsel for the petitioner and learned

Public Prosecutor for the 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 aforesaid judgment, the vehicle and other articles were seized

(2 of 3)

[CRLMP-5853/2021]

from the accused for carrying contraband of small quantity just

above the commercial quantity. It is in that background, 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 coordinate

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 misc. petition is allowed and the

order dated 25.01.2021 is hereby quashed and set aside and the

vehicle Truck No. PB-10-GX-4128 in question is ordered to be

released on ‘supardagi’ 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 Truck No. PB-10-GX-

4128 in the Court as and when required to do so.

(b) the petitioner shall get the vehicle Truck

photographed 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 vehicle Truck and not to lease it to

(3 of 3)

[CRLMP-5853/2021]

anyone and not to make or allow any changes in it to be

made so as to make unidentifiable.

(e) the petitioner will not allow the vehicle Truck bearing

No. PB-10-GX-4128 to be used for any antisocial

activities including for the purpose of carrying narcotics

which may constitute offence under the NDPS Act.”

(f) the petitioner will be given the custody of the vehicle

bearing Truck No. PB-10-GX-4128, if he furnishes a

bank guarantee of Rs. 5,00,000/-(Rupee