1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Petition No. 664/2010 Jarnel Singh Vs State of Rajasthan through PP 22.10.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Anil Upman - for the petitioner Mr Peeyush Kumar, PP – for the State BY THE COURT: By this misc petition challenge has been to the order dated 21.12.2009 thereby rejecting the application filed moved by the petitioner for releasing the vehicle on supurdagi. Learned counsel for petitioner submits that the motor vehicle Truck No. PB 10 V 5545 involved in the matter belongs to petitioner. Petitioner is the registered owner of the vehicle. The said vehicle is lying with the police station. Petitioner moved an application for release of the vehicle on supurdagi, however, the application was rejected in view of provisions of section 60 of the NDPS Act since on trial the vehicle is liable to be confiscated. Learned counsel referred to the judgment of this Court in the case of “Vijay Kumar Vs State of Rajasthan” reported as 2001 (2) R.Cr.D 161 (Raj.) wherein similar issue was dealt with and the vehicle was released on supurdagi. 2 Learned PP has opposed the misc petition. I have considered the submissions made by the learned counsel for the parties and scanned the matter carefully. It is not in dispute that petitioner is registered owner of the vehicle in question and thereby no other person claimed rights over the vehicle. Only for the reason that the vehicle in question is liable to be confiscated after trial supurdagi thereof cannot be denied. Supurdagi is only an interim custody which is given to the party on certain conditions. In view of aforesaid, I am inclined to accept the misc petition. Accordingly, misc petition allowed. Order dated 21.12.2009 passed by the court below is set aside and the vehicle in question is ordered to be released on supurdagi on following conditions:- a) Petitioner shall furnish a personal bond in the sum of Rs.3,00,000/- with two sureties of Rs.1,50,000/- each to the satisfaction of the trial court undertaking to produce the vehicle in the court as and when directed to do so. b) Petitioner shall get the vehicle photographed showing its 3 registration number as well as chesis number. Such photographs shall be taken in the present of the IO to be kept on the file of the case. c) Personal bond of petitioner and his sureties shall carry photographs of petitioner and his sureties and the bond of sureties shall further carry the photographs of perhaps identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them. d) Petitioner shall undertake not to transfer 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) Petitioner will not allow vehicle in question to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the NDPS Act. (MN BHANDARI), J. bnsharma