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Judgment
Farjand Ali, J
The instant criminal misc. application has been preferred by the applicant Khaturam who is registered owner of the vehicle Truck bearing Registration No. RJ 27 GA 1628 for release of the same.
Learned counsel submits that after culmination of the trial, learned trial court has directed to release the vehicle in favour of the applicant who is registered owner of the vehicle, but since the appeal has been preferred by the State against the judgment dated 18.12.2018, the applicant is not getting custody of the vehicle.
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 misc. application is allowed and this Court deems it just and appropriate to release the vehicle in question in favour of the applicant on interim custody till conclusion of the hearing of the appeal provided he furnishes a Supurdaginama of Rs. 5,00,000/- and surety of like amount to the satisfaction of the Court below.