Jaskaran Singh vs State Of Rajasthan

By way of present revision petition, the petitioner has laid challenge to the order dated 1.4.2019, passed by the learned Special Judge, NDPS Act Cases, Hanumangarh (hereinafter referred to as the learned trial Court), whereby the petitioner's application for grant of release of Scorpio Vehicle No.RJ-31-UB-1107, has been rejected.

Mr. Bora, learned counsel for the petitioner submitted that as per the allegations levelled in the FIR, the vehicle in question was allegedly being used for the purpose of escorting the another truck carrying commercial quantity of Poppy Husk and only a small quantity was found in the vehicle in question. Learned counsel further submitted that if the vehicle is not released, there is likelihood of its condition being depleted and further that it is not required in any sort of investigation. While relying upon the judgment of the Hon'ble Supreme Court in the case of Sunderbhati Ambalal Desai & Ors. Vs. State of Gujarat, reported in (2002) 10 SCC 282, he submitted that the petitioner would abide by the conditions, if any, imposed by this Court for release of the vehicle. He further submits and assures that the vehicle in question will be used for the family members of the owner of the vehicle and it will not be used in any other illegal acts/activities, much less transportation of psychotropic substances.

Learned Public Prosecutor opposing the petition submitted that looking to the credentials of the petitioner, the vehicle in question is likely to be used for the purposes of transportation of Narcotic substances, and hence, it should not be released.

Having heard learned counsel for the parties, I am of the opinion that no fruitful purpose would be served, in keeping the vehicle detained in the police custody till disposal of the case, which is likely to take long time.

In view of the above and in the light of the judgment of the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the revision petition is allowed. The order dated 1.4.2019 passed by the learned trial court is quashed and set aside. It is ordered that the Scorpio Vehicle No.RJ-31-UB-1107 be released to the petitioner/his power of attorney holder on furnishing an undertaking before the Trial Court:-

(i) that he shall not transfer the vehicle or create 3rd party rights in relation thereto during the pendency of the criminal case;

(ii) the vehicle in question shall not be used for any illegal/immoral act; and

(iii) the vehicle shall be produced as and when required by the learned trial court.