[2025:RJ-JP:39795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5184/2025 Mukesh Kumar Son of Shri Bodu Lal, Resident of Karni Colony, Ward No. 2, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer (Rajasthan). ----Petitioner Versus 1. State of Rajasthan, through P.P. 2. Government of Rajasthan, through Seed Fertilizer And Pesticide Inspector and Assistant Director, Agriculture Department, Zila Parishad Ajmer. 3. Government of Rajasthan, through S.H.O. Police Station Kishangarh, District Ajmer, Raj. ----Respondents For Petitioner(s) : Mr. Rajesh Kumar Sharma with Ms. Kamini Pareek For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/09/2025 1. Heard counsel for petitioner, learned Public Prosecutor and perused the record. 2. The issue pertains to release of vehicle Trailor bearing Registration No. RJ-42-GA-5125. 3. It appears that an FIR No.95/2025 at Police Station Kishangarh, District Ajmer for offences under Sections 318(4), 61(2) of the BNS, 2023 and Sections 3 & 7 of the Essential Commodities Act, 1955 and Section 19 of the Fertilizers Control Order, 1985, came to be registered on observing to manufacture a sub-standard fertilizer therein and during investigation the factory [2025:RJ-JP:39795] (2 of 3) [CRLMP-5184/2025] premises was seized. The bag of fertilizers were loaded in the vehicle which was parked in the factory premises, though, no specific inventory to the seize vehicle was made. 4. Petitioner moved an application before the District Collector, Ajmer, to release the vehicle but same has been dismissed vide order dated 05.08.2025 with findings that vehicle is not seized at all in connection with FIR No.95/2025. 5. Learned Public Prosecutor has filed reply and does not dispute that in the inventory of seizure memo, vehicle in question is not specifically seized. 6. Petitioner is registered owner of the vehicle in question and has not been made accused in the impugned FIR. Parking of vehicle in the seized premise would certainly make the vehicle useless and deteriorate its condition, hence, it is just and proper to release the vehicle of petitioner on Supardagi. 7. The vehicle in question is ordered to be released on “Supurdgi” to the petitioner on fulfillment of following conditions:- “(a) the petitioner shall furnish supurdginama for the sum of Rs.4,00,000/- to the satisfaction of the trial Court undertaking to produce the vehicle- Trailor bearing Registration No. RJ-42-GA-5125 in the Court as and when required to do so. (b) the petitioner shall get the vehicle in question photographed showing the registration number as well as the chasis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case. (c) the personal bond of the petitioner and bond of surety shall carry photographs of the petitioner and his surety and the bond of surety shall further carry the photograph of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them. [2025:RJ-JP:39795] (3 of 3) [CRLMP-5184/2025] (d) the petitioner shall undertake not to transfer the ownership of the vehicle in question and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable. (e) the petitioner will not allow the vehicle in question to be used for any anti-social activities. 8. With aforesaid conditions/observations, instant petition stands disposed of. 9. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /238