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Rajasthan High Court – Jodhpur
Baldev Ram vs State Of Rajasthan (2025:Rj-Jd:30850) on 15 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:30850]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 646/2025
Baldev Ram S/o Bhabhutram, Aged About 35 Years, R/o Auon Ka
Bass Dangiyabas Jodhpur Rajasthan
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rakesh
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
15/07/2025
The petitioner has filed this criminal revision petition under
Section 438 & 442 BNSS to assail the impugned judgment dated
05.04.2025 passed by Learned Special Judge, (NDPS Act cases)
No.1, Jodhpur in Session Case No.15/2021, whereby the learned
trial Court rejected the application under Section 497 BNSS
(Section 451 Cr.P.C.), moved by the petitioner for releasing the
vehicle Truck bearing registration No.RJ 19 GB 7676.
I have heard learned counsel for the petitioner and learned
AAG.
Learned counsel for the petitioner submits that the petitioner
is a registered owner of the vehicle in question and the challan of
the case has already been presented. 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
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[2025:RJ-JD:30850] (2 of 3) [CRLR-646/2025]
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.
The Hon’ble Apex Court in the case of Bishwajit Dey Vs.
State of Assam reported in 2025 3 SCC 241 has observed
that :-
27. Though the risk of misuse by the accused or third
party of the same plane or bus or ship cannot be ruled
out, yet the Courts do not take coercive action on the
basis of fear or suspicion or hypothetical situation.
28. Undoubtedly, the Vehicle is a critical piece of
material evidence that may be required for inspection
to substantiate the prosecution’s case, yet the said
requirement can be met by stipulating conditions
while releasing the Vehicle in interim on superdari like
videography and still photographs to be authenticated
by the Investigating Officer, owner of the Vehicle and
accused by signing the said inventory as well as
restriction on sale/transfer of the Vehicle.
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[2025:RJ-JD:30850] (3 of 3) [CRLR-646/2025]
Accordingly, the instant revision petition is allowed and the
order dated 05.04.2025 is hereby quashed and set aside and the
vehicle Truck bearing registration No.RJ 19 GB 7676 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 in question
in the Court as and when required to do so.
(b) the petitioner shall get the Truck bearing
registration No.RJ 19 GB 7676 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 Truck bearing registration No.RJ 19
GB 7676 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 Truck bearing
registration No.RJ 19 GB 7676 to be used for any
antisocial activities including for the purpose of
carrying narcotics which may constitute offence
under the NDPS Act.”
(MANOJ KUMAR GARG),J
20-mSingh/-
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