HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No.202/2019 In S.B. Criminal Misc. Petition No.885/2019 Jagdish Prasad Sharma S/o Bhuraram, R/o Village Kishori, Tehsil Thanagaji, District Alwar. (Registered Owner Of Vehicle Truck No. RJ-29-GA-2317) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Tej Prakash Sharma, Special PP (NCB) For Respondent(s) : Mr. Anshuman Saxena Mr. N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 13/03/2026 1. By way of filing this criminal misc. application, a prayer has been made to recall the order dated 26.02.2019 passed by this Court while deciding S.B. Criminal Misc. Petition No.885/2019 by which the vehicle in question has been ordered to be given on supurdagi to the accused-petitioner-Jagdish Prasad Sharma. 2. Learned counsel appearing on behalf of the applicant- Narcotics Control Bureau, Government of India (for short “NCB”) submits that in the instant matter, the investigation was conducted by Intelligence Officer, Narcotics Control Bureau, Jodhpur and after completion of investigation, charge-sheet was submitted by NCB against the petitioner under Sections 8, 20, 25 and 29 of the NDPS Act. Learned counsel submits that without impleading NCB as party in the array of cause-title of the (2 of 2) [CRLMA-202/2019] aforesaid criminal misc. petition, the same was filed and the order dated 26.02.2019 was passed without providing an opportunity of hearing to NCB, hence, the aforesaid order may be recalled. 3. Per contra, learned counsel appearing for the accused opposed the prayer, but he is not in a position to controvert the aforesaid submissions. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Perusal of the record indicates that in the instant matter, the investigation has been done by NCB and during the course of investigation, the subject vehicle was seized by NCB. After completion of investigation, charge-sheet has been submitted against the accused by NCB, but S.B. Criminal Misc. Petition No.885/2019 was submitted before this Court without impleading NCB as party in the array of cause-title. Hence, under these circumstances, the order dated 26.02.2019 has been passed by this Court without providing an opportunity of hearing to the NCB. 6. On this count alone, the criminal misc. application stands allowed. The order dated 26.02.2019 passed by this Court is recalled and S.B. Criminal Misc. Petition No.885/2019 is ordered to be restored to its original number. 7. Learned counsel appearing on behalf of the accused is directed to implead NCB as party in the array of cause-title and supply copy of the criminal misc. petition with the amended cause-title in the office of Mr. Tej Prakash Sharma, Special PP. (ANOOP KUMAR DHAND),J Karan/49