Ramotar vs State Of Rajasthan

Defects are waived.

Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserves to be released to the power of attorney holder 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 they 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. Â Petitions lead case being S.B. Criminal Misc.

Petition No.2723/2019: Asharam Versus State of Rajasthan, on 3.2.2020 along with other connected petitions.

Keeping in view the above, this Petition is disposed of with the following terms:

a) The concerned Police Station shall release the offending vehicle i.e. Tata L.P. Truck bearing Registration No.RJ05-GB- 3111 to the person, who is

the registered owner of the vehicle alone.

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 for the purpose of release of the vehicle.

c) The petitioner shall furnish the photographs of the vehicle showing its number 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.