Govind Choudhary vs State Of Rajasthan And Ors

Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserve to be released as it would get rusted and spoiled, if it

is remained in the police custody.

I have considered the submissions as above. In the case of Sunderbhai Ambalal Desai & Ors. Versus State of Gujarat: (2002) 10 SCC 283, the Apex

Court has made observations with regard to the conditions, which should be laid down for release of different goods/vehicles. It has also been

observed that no purpose would be served in letting vehicle remained in the police custody as he get rusted and therefore, the conditions may be laid

down for releasing of the same. This Court has also taken a similar view in a batch of Criminal Misc. Petitions lead case being S.B. Criminal Misc.

Petition No.679/2020: Kurshid Versus State of Rajasthan, along with other connected petitions.-

Keeping in view the above, this petition is allowed with the following terms:

a) The concerned Police Station shall release the offending vehicles - Truck bearing Registration No.RJ-25-GA-1385 to the person, who is the

registered owner of the said vehicles.

b) A personal security of an amount of Rs.5,00,000/- to the satisfaction of the concerned Court to which the concerned Police Station is attached, shall

be submitted by the petitioner for the purpose of release of the vehicles.

c) The petitioner shall furnish the photographs of the vehicles showing their numbers and colour etc.

d). At the time of release, the petitioner shall also give an undertaking to the effect that vehicle shall not be used for any illegal purpose and if so

found, the concerned owner shall be personally liable.

The order passed by the Court below is accordingly quashed and set aside.