[2025:RJ-JP:14588] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1795/2025 Kishanlal S/o Biram, Resident Of Borda Shreeji Police Station Bhojpur District Rajgarh (Madhya Pradesh). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 01/ 04/2025 The instant miscellaneous petition has been preferred under Section 528 of B.N.S.S. against the order dated 04.03.2025 passed by the Court of learned Additional Sessions Judge, Aklera, Jhalawar (Rajasthan), in Criminal Supurdagi Application No.17/2025, in connection with F.I.R. No.33/2025, registered at Police Station Ghantoli, Distt. Jhalawar, for the offence(s) punishable under Sections 8/25, 8/29 & 8/21 of the N.D.P.S. Act, whereby, the supurdagi application preferred by the petitioner for releasing the vehicle has been rejected. Learned counsel for the petitioner submits that petitioner is the registered owner of the vehicle-in-question i.e. Motorcycle Hero Splendor Plus bearing Registration No.MP-39-ZE-6992 and, therefore, he is best entitled for custody of the vehicle on ‘Supurdagi’. Relying upon the judgment of Hon’ble Supreme Court in case of Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], learned counsel further submits that the [2025:RJ-JP:14588] (2 of 3) [CRLMP-1795/2025] vehicle should not be permitted to remain parked in the Police Station as the same shall gather rust & shall not remain useful. Charge-sheet has been filed in the matter. Counsel prays that the present petition may be allowed and the impugned order be quashed & set aside. Per contra, learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material available on record. Looking to the overall facts & circumstances of the case, this Court is of the view that the interim custody of the vehicle alleged to be used in committing the offence of N.D.P.S. Act, cannot be denied on the ground of severity of offence(s). Furthermore, keeping in view of judgment of Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai (supra), there is no reason to deny interim custody of vehicle to owner/person best entitled to get possession of the vehicle. If the vehicle is allowed to be kept in the Police Station for an indefinite period, then value of vehicle shall be diminished substantially and it may not remain in usable condition. Consequently, the present miscellaneous petition is allowed. The impugned order dated 04.03.2025 passed by learned Trial Court, is quashed & set aside and the vehicle-in- question i.e. Motorcycle Hero Splendor Plus bearing Registration No. MP-39-ZE-6992, is ordered to be released on ‘supurdagi’ in favour of the petitioner till completion of the trial upon his [2025:RJ-JP:14588] (3 of 3) [CRLMP-1795/2025] furnishing Supurdaginama of Rs.50,000/- and surety of likewise amount to the satisfaction of the learned Court below. (VINOD KUMAR BHARWANI),J SAHIL SONI /38