HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3232/2025 Vichitra Choudhary S/o Gopal Lal, Aged About 24 Years, R/o Nitharwalo Ka Mohalla, Gaganti Kalla Police Station Maujmabaad, District Jaipur. ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Amitabh Vijaywargia For Respondent(s) : Mr. J.S. Rathore, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 04/07/2025 1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. challenging the order dated 10.10.2023 passed by Special Judge, NDPS Cases, Jaipur Metropolitan-I in Criminal Misc. Application No. 449/2023 whereby the trial court dismissed the petitioner’s application for releasing the vehicle car bearing registration No. RJ-45-CL-8798 on Supurdagi. 2. Learned counsel for the petitioner has stated at Bar that no confiscation proceedings have been initiated qua the vehicle and the same is case property of FIR No. 1070/2023 registered at Police Station Mansarovar, Jaipur City (South) for the offence under Sections 8 and 21 of NDPS Act. He further submits that there is no rival claimant of the vehicle in question. If the vehicle in question is not released in favour of the petitioner, it would be reduced into junk of nobody's use. He further submits that the (2 of 3) [CRLMP-3232/2025] rejection order has been passed by the Court below on flimsy ground, hence the vehicle in question is required to be released on supurdagi. 3. Learned Public Prosecutor has opposed the same. 4. I have heard the learned counsel for the parties. 5. Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, 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. 6. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed, the impugned order passed by the trial Court is set aside and the trial court is directed to release the vehicle seized as case property by imposing following conditions:- a) That the petitioner shall keep the vehicle so released intact and shall not change its identification. b) That the petitioner shall produce the vehicle as and when trial court requires the same for proposed identification of the case property. c) That the petitioner shall furnish the photographs of the vehicle in question showing its number and colour etc. d) At the time of release, the petitioner shall also give an undertaking to the effect that the vehicle in question shall not be used for any illegal purpose and if so found, the petitioner shall be personally liable. e) That the petitioner shall execute a Supurdaginama/indemnity bond and shall also furnish two sureties bonds to the satisfaction of the trial court. (3 of 3) [CRLMP-3232/2025] 7. Needless to say that before releasing the vehicle in question on Supurdagi, trial court shall verify the original documents of the vehicle in question and no confiscation proceedings have been initiated in relation to the vehicle in question. (ANAND SHARMA),J NEERU/59