HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.921 OF 2021
ORDER:
This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C. seeking to quash the order dated 31.12.2020 passed in Crl.M.P.No.4058 of 2020 in Crime No.15 of 2020 by the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar and a consequential direction for return of seized vehicle viz., Swift Dzire V Car bearing Registration No.AP 16/DF 7789 to the petitioner.
2. Heard Mr. M. Amarnath, learned counsel for the petitioner, and the learned Assistant Public Prosecutor appearing on behalf of respondent - State. Perused the entire material on record.
3. The crime vehicle i.e., Swift Dzire V Car bearing Registration No.AP 16/DF 7789 was seized by the Prohibition and Excise Inspector, Malkajgiri, Ranga Reddy District in Crime No.15 of 2020. The offence alleged against the accused therein is under Section - 8 (c) read with 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act').
4. The petitioner herein claiming to be the owner of the said crime vehicle, filed an application under Section 451 of Cr.P.C. vide Crl.M.P. No.4058 of 2020 in Crime No.15 of 2020. The same was dismissed by the by the learned Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District, on the grounds that some of the accused are still absconding and, therefore, there is possibility of KL,J Crl.P. No.921 of 2021 2 confiscation of property and that the investigation is not yet completed.
5. A perusal of the impugned order discloses that the learned Sessions Court except mentioning the reasons for dismissal of the petition that investigation is still pending and that the other accused are still absconding, nothing has been mentioned including the principle laid down by the Hon'ble Supreme Court for return of seized vehicles. It is also relevant to mention herein that this Court and the Apex Court time and again held that Courts shall return the property involved in crimes to the owners of vehicles on verification of ownership documents and on imposition of certain conditions.
6. In Sunderbhai Ambalal Desai v. State of Gujarat1, the Hon'ble Apex Court held that whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.
7. This Court vide order dated 25.02.2020 in Crl.P. No.1119 of 2020, relying upon the decisions in Jagtar Sing v. State of Rajasthan2 and Waish Ahmed v. The State of West Bengal3 of different High Courts and also in Sunderbhai Ambalal Desai2 1 . (2002) 10 SCC 283 2 . 2017 LawSuit (Raj) 2379 3 . 2019 LawSuit (Cal) 22 KL,J Crl.P. No.921 of 2021 3 granted relief of interim custody to the owner of the vehicle on certain conditions.
8. In view of the principle laid down by the Apex Court and the respective High Courts in the judgments referred to above, coming to the case on hand, it is not in dispute that the petitioner is owner of the above crime vehicle and the same was seized by the police in the above crime. The offence alleged against the accused therein is under Section - 8 (c) read with 20 (b) (ii) (c) of the Act. The designated Court i.e., Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar in the impugned order, has specifically mentioned that the crime vehicle was seized by the police and deposited the same before the Court vide CPR No.497 of 2020. Thus, in view of the principle held by the Apex Court, the seized vehicle can be directed to be returned to the owner.
9. Accordingly, the present Criminal Petition is allowed quashing the impugned order dated 31.12.2020 passed in Crl.M.P.No.4058 of 2020 in Crime No.15 of 2020 by the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar. Consequently, the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District, L.B.Nagar, is directed to return the crime vehicle viz., Swift Dzire V Car bearing registration No.AP 16/DF 7789 to the petitioner on proper verification of ownership as an interim custody by imposing certain conditions to its satisfaction.
KL,J Crl.P. No.921 of 2021 4 As a sequel, miscellaneous petition, if any, pending in the Criminal Petition, shall stand closed.
_________________ K. LAKSHMAN, J 15th February, 2021 Mgr