GOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition praying that the order dated 01.03.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act Cases), Barmer in Sessions Case NO.337/2017 (103/17), be set aside, whereby the said Court refused to release the vehicle Bolero bearing registration No.RJ-04-GB-3299 to the petitioner. The said vehicle was seized in connection with CR No.192/2017 registered at P.S. Sadar, Barmer for the offence under Section 407,'420'&'120-B'of IPC and'Section 3/7'of Essential Commodities Act.

(2.) The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the vehicle in question and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

(3.) Learned counsel for the respondents is not in a position to refute the above position.