S. B. CRIMINAL REVISION PETITION NO. 252/2010 SARDUL SINGH V. THE STATE OF RAJASTHAN. DATE OF ORDER ::: 06/08/2010 HON'BLE MR. C.M.TOTLA, J. Mr. L.D.Khatri, for Petitioner (s). Mr. K.K.Rawal, PP, for the State. This revision, challenging order of learned Special Judge, NDPS Cases, Jodhpur dated 19.3.10, requests that setting aside the order, vehicle jeep No. RJ 04C – 1498 be ordered to be given to the petitioner. By the impugned order, petitioner's application under Section 451, requesting for handing over vehicle to him – he being registered owner, is rejected. Heard learned counsel for the petitioner and learned Public Prosecutor. Learned counsel argues that nothing was recovered from this vehicle – alleged recovery is of December, '08, whereas this vehicle, per prosecution, seized on 20.12.08 - said recovery from three passengers, said to be on the verge of travelling in a bus – vehicle was seized lying at house of the petitioner – petitioner registered owner, but also was arrested, was enlarged on bail. Argues that vehicle seized in December, 08, is lying unutilized for about eight months and its value and utility being diminished day-to-day. Cited Hon'ble Supreme Court authority JT 2002 (10) SC 80, Sunderbhai Ambalal Desai v. State of Gujarat. Then, argues that the petitioner, being registered owner, is entitled. Learned Public Prosecutor, stating that vehicle under the provisions of NDPS Act – may be liable to confiscation and if released, appropriate surety and other directions may be. Not disputed is that the petitioner registered owner and above alleged that many days after recovery, vehicle seized and no recovery from it. Going through the order impugned, copy of chargehseet and memo and taking into consideration all the facts and circumstances of the case, it is hereby directed that vehicle above number & description may interimbly be given to petitioner – registered owner, provided he furnishes a solvent security to the tune of Rupees five lacs and “supurdginama” to the satisfaction of the learned trial Judge - with conditions appropriate to be imposed by the learned Special Judge and also that surety and “supurdgidar” shall not dispose of or sale any property till the final disposal of the case. Ordered accordingly. (C.M.TOTLA), J.