Kansara Rushit vs State

Petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. to assail the impugned judgment dated 27.09.2019 passed by Learned Special

Judge, POCSO Act Cases & The Commissions for Protection of Child Rights Act, 2005 Cases, Balotra (for short, ‘learned trial Court’)

whereby the learned trial Court rejected the application under Section 457 Cr.P.C. moved by the petitioner for releasing the vehicle Honda Car

bearing registration No. GJ-18-BC-6934, bearing Chasis No.MAKGM85ADEN004175, Engine No.N15A11116606.

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 co- ordinate 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 27.09.2019 is hereby quashed and set aside and the vehicle Honda Car bearing

registration No. GJ-18-BC-6934, bearing Chasis No.MAKGM85ADEN004175, Engine No.N15A11116606 in question 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 vehicle Honda Car bearing registration No. GJ-18-BC-6934, bearing Chasis No.MAKGM85ADEN004175, Engine

No.N15A11116606 in the Court as and when required to do so.

(b) the petitioner shall get the Honda Car 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 Honda Car 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 Honda Car bearing registration No. GJ-18-BC-6934, bearing Chasis No.MAKGM85ADEN004175, Engine

No.N15A11116606 to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the

NDPS Act.â€​