Rajasthan High Court - Jodhpur
Manak Ram vs State on 25 January, 2012
Author: Sandeep Mehta
Bench: Sandeep Mehta
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Petition No.2789/2011
Manak Ram
Vs.
State of Rajasthan
25-01-2012
Hon'ble Mr. Justice Sandeep Mehta
Mr. D.S. Udawat, for the petitioner.
Mr. Anil Joshi, Public Prosecutor.
...
The instant misc. petition has been preferred by the petitioners challenging the order dated 3.12.2011 passed by the Special Judge, NDPS Act cases, Jodhpur rejecting the application filed by the petitioner under Section 457 Cr.P.C. for seeking interim custody of the seized Motor Cycle bearing No.RJ 22 SJ 7589 of which the petitioner is the registered owner.
Learned counsel for the petitioner submits that in this case, the recovery was effected from the motor-cycle while the same was being driven by Om Prakash, the brother of the petitioner; and that the petitioner was not aware about the use of the motor-cycle for plying opium. As per recovery memo, the exclusive possession of the opium being plied has been attributed to said accused Om Prakash, thus he submits that the motor-cycle deserves to be released on Supurdginama because the trial of the case will take long 2 time and the motor cycle is likely to be rendered to waste if the same is permitted to lie in the police station.
Learned counsel for the petitioner has placed reliance on a decision of this Court in the case of Pema Ram Vs. State of Rajasthan, 2010(2) Cr.L.R. (Raj.) 1490.
Learned Public Prosecutor opposes the prayer made and submits that since the opium was being plied in the motorcycle of which petitioner is the registered owner, the possibility of the motor cycle being used for transportation of contraband, cannot be ruled out.
I have given my thoughtful consideration to the arguments advanced at bar and have perused the order impugned as well as the charge-sheet.
Undisputedly in this case, the recovery was effected when the motor-cycle in question was being driven by the co-accused Om Prakash, thus the petitioner's case that the opium was being plied in the motorcycle without his knowledge cannot be ruled out. That apart, no useful purpose would be served in keeping the motor-cycle in police custody.
Resultantly, the misc. petition succeeds. The order of the learned Special Judge, NDPS Act Cases, Jodhpur is set aside and the trial Judge is directed to release the motor- cycle on furnishing 'supardginama' . The amount of bail bonds and terms and conditions shall be decided by the trial court.
[Sandeep Mehta],J.
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