Dayal Ram vs State Of Rajasthan (2025:Rj-Jd:31392) on 17 July, 2025

Rajasthan High Court – Jodhpur

Dayal Ram vs State Of Rajasthan (2025:Rj-Jd:31392) on 17 July, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:31392]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 702/2024
Dayal Ram S/o Vaal Ram, Aged About 31 Years, R/o Village
Math, Tehsil - Dist. Pali, Rajasthan.
                                                                         ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                       ----Respondent


For Petitioner(s)          :     Mr. Mahaveer Singh
For Respondent(s)          :     Mr. Deepak Choudhary, GA cum AAG
                                 with Mr. Kuldeep Singh Kumpawat


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

17/07/2025

The petitioner has filed this criminal revision petition under

Section 397/401 Cr.P.C. to assail the impugned judgment dated

07.11.2023 passed by learned Special Judge (Additional Session

Judge), NDPS Act Cases, District Pali in Criminal Case

No.437/2023 (CIS), whereby the learned trial Court rejected the

application under Section 451 Cr.P.C., moved by the petitioner for

releasing the vehicle Motorcycle bearing registration No.RJ 22 SY

0984.

I have heard learned counsel for the petitioner and learned

Public Prosecutor.

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

2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle

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[2025:RJ-JD:31392] (2 of 3) [CRLR-702/2024]

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:31392] (3 of 3) [CRLR-702/2024]

Accordingly, the instant revision petition is allowed and the

order dated 07.11.2023 is hereby quashed and set aside and the

vehicle Motorcycle bearing registration No.RJ 22 SY 0984 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 Motorcycle bearing
registration No.RJ 22 SY 0984 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 Motorcycle bearing registration
No.RJ 22 SY 0984 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 Motorcycle
bearing registration No.RJ 22 SY 0984 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
13-mSingh/-

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