HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Revision Petition No. 1175/2021

Badambai W/o Ramesh, Resident Of Mahuwakho Police Station

Aklera District Jhalawar (Raj.)

----Petitioner/Registered Owner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Rohit Khandelwal

For Respondent(s)

:

Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

02/12/2021

This criminal revision petition has been filed against the

impugned order dated 20.09.2021 passed by the Court of Special

Judge, NDPS Act Cases, Jhalawar, whereby, the application of the

petitioner for releasing the vehicle(motorcycle) has been

dismissed.

It has been submitted on behalf of the petitioner that the

petitioner is the registered owner of the vehicle and there is no

other rival claim for its release. The court below has dismissed the

application for supurdgi filed by the petitioner on the ground that

the matter relates to the N.D.P.S. Act. The court below did not

appreciate the fact that if the vehicle is lying in the police station

then it will be damaged. Hence, it is prayed that the petition may

be allowed and the motorcycle seized in FIR No.180/2021,

registered at Police Station Sarola, District Jhalawar be released

on supurdgi subject to the conditions which may be imposed.

(2 of 3)

[CRLR-1175/2021]

Learned counsel has further submitted that Hon’ble Apex

Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat,

(2002) 10 SCC 290 and a co-ordinate Bench of this court in S.B.

Criminal Misc. Petition No.445/2021 have held that the vehicle can

be given on supurdgi to the registered owner on furnishing

‘supurdginama’ if no order of confiscation has been passed, which

has not been passed in the present case.

Learned Public Prosecutor has opposed the revision petition

and has submitted that the vehicle in question was used for

commission of the offence under the provisions of Narcotic Drugs

and Psychotropic Substances Act, 1985 and can be subject matter

of confiscation under Section 60 of the NDPS Act, therefore, the

petitioner is not entitled for release of the vehicle in her favour.

Learned Public Prosecutor has submitted the factual report

according to which in the present FIR, accused-Banwari and

Ramesh have been arrested. Investigation is pending. Statements

of vehicle owner (Smt. Badambai) have been recorded.

Learned Public Prosecutor has further submitted that no

confiscation proceedings have been initiated till date.

Heard learned counsel for the parties and perused the record

of the case.

It is admitted that the petitioner is a registered owner of the

vehicle in question which has not been claimed by any other

person and no confiscation order has been passed in the matter,

even the confiscation proceedings have not been initiated.

In these circumstances, Criminal Revision Petition deserves

to be allowed and the same is accordingly allowed.

Impugned order dated 20.09.2021 is quashed and set aside.

It is directed that the seized vehicle-motorcycle (Chasis No.

(3 of 3)

[CRLR-1175/2021]

MBLHAW12434819285 Engine No.HA11 EYAM811081) be released

in favour of the petitioner on ‘supurdginama’ on her producing

original registration certificate and satisfying following

conditions :-

(i) She furnishes a personal bond in the sum of

Rs.5,00,000/- with two sureties of Rs.2,50,000/-each to

the satisfaction of the trial Court undertaking to produce

the vehicle in question in the Court as and when required

to do so.

(ii) She shall get the vehicle in question 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.

(iii) The personal bonds of the petitioner and bonds of

sureties shall carry the photographs of the petitioner and

her sureties and the