PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. aggrieved by the order dated 05.12.2014 passed by learned Special Judge for NDPS Act Cases, Sirohi, in Criminal Case No.394/2014 whereby the learned court below has dismissed the application filed by the petitioner under Section 457 Cr.P.C. for release of vehicle Maruti Suzuki SX 4 registered as GJ 8F 6295 on Supurdginama arising out of FIR No.130/2014 P.S. Pindwara in NDPS Case No.03/2014.
(2.) Learned counsel for the petitioner fair concedes that the present case is squarely covered by the decisions rendered in S.B. Criminal Misc. Petition No.2000 of 2015; Madavdas v. State of Rajasthan decided on 30.07.2015 ; S.B. Criminal Misc. Petition No. 2683 of 2012; Ganga Ram @ Ganpat Singh v. The State of Rajasthan decided on 27.04.2013 and S.B. Criminal Revision Petition No.315 of 2013; Rana Ram v. The State of Rajasthan decided on 05.07.2013 .
(3.) The relevant portion of the judgments in Madhavdas (supra) and Ganga Ram @ Ganpat Singh (supra) are as follows : "Madhavdas (supra) "Heard learned counsel for the petitioner and perused the impugned order. When there is no dispute that the petitioner is the registered owner of the vehicle in question, which was stolen from Jodhpur and later on seized by the police from Jhab District Jalore in connection with the illegal transportation of Poppy Husk and the petitioner is not involved in illegal transportation of Poppy Husk, this Court is of the opinion that the court below has erred in not releasing the vehicle in question on 'Supurdaginama' to the petitioner who is the only claimant. The petitioner cannot be made to suffer for the actions of the others. The vehicle in question of the petitioner was stolen and was used for illegal transportation of Poppy Husk, wherein the petitioner was not at all involved and in such circumstances the petitioner deserves custody of vehicle in question on 'Supurdaginama'. No doubt, if the vehicle in question is remained at the Police Station without proper care for a long time, the same will be destroyed. In view of the above discussions, this criminal misc. petition is allowed. The application filed by the petitioner under Section 457 Cr.P.C. for releasing the vehicle in question on 'Supurdaginama' before the court below is allowed. The court below is directed to release the vehicle in question on 'Supurdaginama' on reasonable conditions subject to furnishing sureties by the petitioner to its satisfaction. It is made clear that till the disposal of the trial of the case pertaining to FIR No.152/2014 of Police Station, Jhab, District Jalore the petitioner shall not transfer the vehicle in question to any other person and always produce the vehicle in question as and when ordered to do so by the court below." Ganga Ram @ Ganpat Singh (supra) : "Heard and considered the arguments advanced by learned counsel for the parties at the bar and perused the order impugned. Un-disputedly, in this case, the recovered contraband opium was weighing one kilogram, which is below commercial quantity. Till date, the trial of the case has not moved an inch because the charges have even not been framed at the trial. Thus, this Court is of the opinion that no useful purpose would be served in keeping the vehicle in question lying in an unattended condition at the police station as the same would be rendered waste. Resultantly, the misc. petition succeeds and is allowed. The order dated 21.7.2012 passed by the learned Special Judge, NDPS Act Cases, Jodhpur is hereby quashed and the learned trial court is directed to release the vehicle in question i.e. the jeep bearing registration No.RJ-04-TA-0069 to the petitioner on 'supardaginama' upon his furnishing a solvent security in the sum of Rs.3,00,000/- with one surety in the like amount.";