Bhepa Ram vs State Of Rajasthan

This misc.petition under Section 482 Cr.P.C. has been filed to assail the impugned order dated 02.08.2019 passed by the learned Special Judge, NDPS Act Cases, Jodhpur in Criminal Misc. Case No.20/2019 arising out of FIR No.122/2017 whereby the learned trial Court rejected the application under Section 457 Cr.P.C., moved by the petitioner for releasing the Swift Car bearing Registration No.RJ-19 CB 7630, Engine No.D13A1423778, Chasis No.MA3FSEB1S00271964. The petitioner is stated to be the registered owner of the said vehicle.

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 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 02.08.2019 is hereby quashed & set aside and the vehicle Swift Car bearing Registration No.RJ-19 CB 7630, Engine No.D13A1423778, Chasis No.MA3FSEB1S00271964 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 said vehicle in the Court as and when required to do so.

(b) the petitioner shall get the said vehicle 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 said vehicle 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) the petitioner will not allow the said vehicle to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the NDPS Act."