Pilli Srinivas vs The State Of Andhra Pradesh
2024 Latest Caselaw 294 AP

Andhra Pradesh High Court - Amravati

Pilli Srinivas vs The State Of Andhra Pradesh on 8 January, 2024

       THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

          CRIMINAL REVISION CASE No. 1034 OF 2023

O R D E R:

1. This petition is filed by the petitioner/owner/3rd party u/Sec.397

and 401 of Cr.P.C., seeking to set aside the order, dated 04.10.2023,

in Crl.M.P.No.910 of 2023 in Crime No.139 of 2023 on the file of

Judicial Magistrate of First Class, Prathipadu, wherein the learned

Magistrate dismissed the petition filed under Section 457 of Cr.P.C.

seeking interim custody of the vehicle i.e. Hyundai Motor India Ltd.

Xcent Crdi SX BS IV Car bearing Registration No.AP 05 DD 4446.

2. Heard Sri N. Siva Reddy, learned counsel for the

petitioner/owner and learned Assistant Public Prosecutor, for the

respondent No.1/State.

3. Learned counsel for the petitioner contends that the petitioner is

not the accused and he is entitled to have custody of the said vehicle;

the learned Magistrate failed to appreciate the fact that the petitioner

is the admitted owner of the seized car. He further contends that if the

vehicle is kept idle, it will get damaged.

4. Learned Assistant Public Prosecutor, for the Respondent

No.1/State submits that after completion of investigation, the Police

filed the Charge Sheet and he reported no objection.

5. Perused the material on record.

T.M.R., J

6. As seen from the impugned order, the learned Magistrate has

dismissed the petition filed under Section 457 of Cr.P.C. on the ground

that the case is filed for the offence under Section 302 of I.P.C., which

is exclusively triable by the Court of Sessions. The other ground taken

is that the investigation is going on and the Investigation Officer has to

send the tyre marks of the vehicle to the expert opinion.

7. In this context, it may be appropriate to extract Section 457 of

Cr.P.C, which reads thus:

"457. Procedure by police upon seizure of property.

(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and

shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation."

8. A plain reading of Section 457 of Cr.P.C. does not bar the

jurisdiction of the Magistrate to deal with the property under Section T.M.R., J

457 of Cr.P.C. when the offence is exclusively triable by the Court of

Sessions.

9. The petitioner/owner has produced the xerox copy of the

Certificate of Registration (R.C.) of the said vehicle, which shows that

the petitioner is the owner of the said vehicle.

10. Learned counsel for the petitioner placed reliance on the

judgment in Sunderbhai Ambalal Desai vs. State of Gujarat1,

wherein the Hon'ble Supreme Court observed that there will be no use

to keep the seized vehicles at the Police stations for the long period

and the Hon'ble Supreme Court directed the Courts to exercise the

powers under Section 451 Cr.PC. expeditiously and judiciously and

interest interim custody of vehicles seized to the owner of the property

or the person who is entitled to be in possession of property and the

owner of the property would not suffer because of its remaining

unused or by its misappropriation. If Proper Panchanama before

handing over the possession of the article is prepared, that can be

used in evidence instead of its production of article before the Court

during trial.

11. In Sundaram Finance Limited Vs. The State of Tamil

Nadu2, the High Court of Madras observed as under:

AIR 2003 (SC) 638

2011 (1) MWN (Crl) 437 T.M.R., J

"This Court is of the firm opinion that return of vehicles and permission for sale thereof should be the general norm rather than the exception it is today. None gain when the mere shell or the remnants of the vehicle are returned to the person entitled thereto, after completion of the trial. It would be no surprise to find that several vehicles have not been so much as claimed after completion of trial, because of the worthless state they have been reduced to".

12. This Court is of the view that if the vehicle is kept idle, it will get

damaged, ruined and rusted and not only that but it will also ultimately

become unsalable and unserviceable. Since the vehicle has been in

the custody of police from the date of its seizure and as the police do

not require the vehicle for any further investigation, no beneficial

purpose would be served by keeping the vehicle in the custody of

police or Court. The fact of Registration is only relevant for enquiry

into the title of the vehicle and consequent possession. The person, in

whose name, the vehicle is registered under Motor Vehicle Act, prima

facie is entitled to its possession. Since the petitioner has placed Xerox

copy of R.C. of crime vehicle, which stands in his name, this Court is of

view that he is entitled to have the possession of vehicle and

furthermore, no other party claimed right over the vehicle so far.

13. Taking into consideration of the above decisions and considering

the submissions made by learned Counsel for the petitioner, this Court

is inclined to grant interim custody of the vehicle i.e. Hyundai Motor

India Ltd. Xcent Crdi SX BS IV Car bearing Registration No.AP 05 DD T.M.R., J

4446 to the petitioner/owner, on compliance of the following

conditions:

a) The vehicle is ordered to be entrusted to the petitioner/owner till the disposal of the main case before trial Court, on his executing a personal bond for sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one surety for a like sum to the satisfaction of the Investigating Officer.

b) The petitioner shall produce the original Registration Certificate in respect of the said vehicle before Investigation Officer at the time of release;

c) On being satisfied regarding the authenticity and ownership of property and also on the letter of authority said to be given to the petitioner/owner authorizing him to get custody of vehicle, the Investigation Officer is directed to return the said vehicle subject to compliance of other conditions;

d) The petitioner shall not alter, alienate or encumber in any manner, the said vehicle till the disposal of the case and to that effect the petitioner shall give undertaking before the Investigation Officer;

e) The petitioner shall produce the vehicle as and when required by the trial Court, without altering the colour or other features of the vehicle without permission of the Court, except carrying out necessary repairs;

f) The petitioner shall not use the said vehicle for any illegal/unlawful purpose after taking delivery by him;

g) At the expenses of petitioner, the Photographs of the vehicle shall be taken to keep them in record; and

h) The Investigation Officer is directed to prepare Panchanama at the time of delivery of the vehicle to the Petitioner in the presence of mediators and submit the bonds, photographs of T.M.R., J

the vehicle, Panchanama and undertaking before the trial Court to keep them in the record.

14. With the above observations, the Criminal Revision Case is

Allowed.

Pending miscellaneous petitions, if any, shall stand closed.

______________________________ JUSTICE T. MALLIKARJUNA RAO

Date: 08.01.2024 MS T.M.R., J

THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

CRIMINAL REVISION CASE NO.1034 OF 2023

Date: 08.01.2024

MS