Radheyshyam vs State Of Rajasthan

The petitioner has filed this criminal revision petition under Section 397/401 Cr.P.C. to assail the impugned order dated 10.05.2019 passed by learned

Special Judge, NDPS Cases No.2, Chittorgarh in Criminal Misc. Case No.143/2019 [Sessions Case No.12/2018 (93/2017)] whereby the learned trial

court rejected the application under Section 451/457 Cr.P.C. filed by the petitioner for releasing the vehicle Renualt Quid Car (without registration

number) bearing Engine No.E133075, Chasis No.MEEBBA007H1456530.

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 28 3and 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 revision petition is allowed and the order dated 10.05.2019 is hereby quashed and set aside and the vehicle Renualt Quid Car

(without registration number) bearing Engine No.E133075, Chasis No.MEEBBA007H1456530 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 car in the Court as and when required to do so.

(b) the petitioner shall get the 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 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 car in question to be used for any antisocial activities including for the purpose of carrying narcotics which may

constitute offence under the NDPS Act.