Rajasthan High Court – Jodhpur
Suresh Kumar Alias Bablu vs State Of Rajasthan (2026:Rj-Jd:18997) on 22 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:18997]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 637/2026
Suresh Kumar Alias Bablu S/o Jagdish, Aged About 35 Years, R/o
Lalpura Odan, Tehsil Suratgarh, District Sri Ganganagar.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. NS Chandawat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
22/04/2026
1. By way of filing the instant criminal revision petition,
challenge has been made to the order dated 28.03.2026 passed
by the learned Additional Sessions Judge, Suratgarh, District Sri
Ganganagar in Criminal Misc. Case No.14/2026 pertaining to FIR
No. 542/2025 registered at Police Station Suratgarh City, District
Ganganagar whereby the prayer made by the petitioner for
releasing the vehicle in question (Maruti Swift Dzire ZDI) bearing
registration No. RJ 09 CA 7511, has been declined.
2. Learned counsel for the petitioner submits that he is the
owner of the vehicle in question which has been seized by the
Police Officers. He further submits that the petitioner being the
owner of the vehicle in question, is the person best entitled to get
back the possession of the seized property. There is no other
person claiming supurdagi of the same.
3. Learned Public Prosecutor opposed the instant criminal
revision petition.
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[2026:RJ-JD:18997] (2 of 2) [CRLR-637/2026]
4. Admittedly, neither any contraband came to be recovered
from the vehicle of which the petitioner is a registered owner nor
the persons who were apprehended for having possession of
contraband have any relation with the petitioner’s vehicle. The
allegation that the principal accused, Durgesh Dutt and Prveen @
Pawan, from whose possession the contraband came to be
recovered, were given delivery by the petitioner through his car so
that his car may also be seized, is a far-fetched allegation totally
based upon conjecture.
5. Considering the submissions and following the judgment
rendered by Hon’ble the Supreme Court in the case of
Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in
AIR 2003 SC 638 and the order dated 18.11.2022 passed by the
Hon’ble Supreme Court in Criminal Appeal No.2005/2022 [SLP
(Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala
& Anr., wherein, the vehicle involved in a crime under NDPS Act
was directed to be released on terms and conditions to be
determined by the Special Court, the revision petition is allowed
and this Court deems it just and appropriate to release the vehicle
in question in favour of the petitioner on interim custody till
conclusion of the trial provided he furnishes a Supurdaginama of
Rs. 3,00,000/- and surety of like amount to the satisfaction of the
Court below.
(FARJAND ALI),J
21-divya/-
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