HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misccellaneous (Petition) No. 1582/2018

Manraj Gurjar S/o Prabhu Lal B/c Gurjar, Aged About 27 Years,

R/o Jaswant Nagar Bharatpur Bonafide Shyamoli Police Station

Malarana Dunagar District Sawai Madhopur, Raj.

----Petitioner

Versus

State Of Rajasthan Through Pp.

----Respondent

For Petitioner(s)

:

Mr. Brahm Singh

For Respondent(s)

:

Mr. NS Dhakad PP

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

10/04/2018

The present petition has been filed under Section 482

Cr.P.C., praying that the order dated 1.2.2018 passed by Addl.

Chief Judicial Magistrate, Hindaun City, Karauli, be set aside,

whereby the said court refused to release Truck/Trailer bearing

Registration No. RJ 05 GB 3851 to the petitioner. It is further

prayed that the order dated 27.2.2018 passed by revisional court

be also set aside.

The learned counsel for the petitioner has stated at Bar

that no confiscation proceedings are pending qua the Truck/Trailer

and the same is case property of case FIR No.64/2018, registered

at Police Station Hindaun City, Karauli, for the offences under

Sections 379 and 120B IPC and Sections 4/21 of MMDR Act.

I have heard the learned counsel for the parties.

(2 of 2)

[CRLMP-1582/2018]

The learned counsel for the petitioner has relied upon

Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10

SCC 283, to contend that the Supreme court has held that the

vehicle should not be permitted to remain parked in the police

station as same shall gather rust and shall not remain useful.

Relying upon the judgment of the Supreme Court in the

case of Sunderbhai Ambalal Desai (supra), present petition is

allowed and the trial court is directed to release the Truck/Trailer

seized as case property by imposing following conditions:-

a) That the petitioner shall keep the vehicle so released intact and

shall not change its identification.

b) That the petitioner shall produce the vehicle as and when trial

court requires the same for proposed identification of the case

property.

c) That the petitioner shall execute Supurdaginama/indemnity

bond and bonds by two sureties to the satisfaction of the trial

court.

(d) The trial court is empowered to impose any or other conditions

in the Supurdaginama/indemnity bond and surety bonds to be

furnished by the petitioner and sureties, which it may deem fit.

Needless to say, trial court shall make verification that the

petitioner is a registered owner of the vehicle.

(KANWALJIT SINGH AHLUWALIA),J

Mak/-