Jadumani vs State Of Chhattisgarh
2021 Latest Caselaw 2901 Chatt

Citation : 2021 Latest Caselaw 2901 Chatt
Judgement Date : 26 October, 2021

Chattisgarh High Court

Jadumani vs State Of Chhattisgarh on 26 October, 2021

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                                Cr.Rev. No. 656 of 2021


                                                                               NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                             Criminal Revision No. 656 of 2021
      Jadumani, S/o Sadai Prasad, aged about 55 years, R/o Dahna Jhariya
       (Barkhoriya, P.S. Lailunga, District Raigarh (C.G.)
                                                           ---- Applicant/Petitioner

                                       Versus

      State of Chhattisgarh, through the Station House Officer, Police Station
       Sitapur, District Surguja (C.G.)
       Crime No. 151/2021 Police Station Sitapur, District Surguja
       In the rejection order, wrongly mentioned as Spl.ST No. 151/2021, in fact, it
       is a crime number, as per challan
                                                             ---- State/Respondent

For Applicant/Petitioner : Shri Jitendra Shrivastava, Advocate For Respondent/State : Shri Anand Verma, Deputy Government Advocate

Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 26.10.2021

1. By way of the present criminal revision filed under Section 397 read with

Section 401 of Cr.P.C., the petitioner has challenged the order dated

19.08.2021 passed by the Special Judge (N.D.P.S.), Surguja, Ambikapur

(C.G.) in M.Cr.C. No. 26/2021 whereby the application of the petitioner

preferred under Section 457 Cr.P.C. for releasing of the vehicle (Motorcycle)

bearing registration No. CG-13-Y-5140 on Supurdnama has been rejected.

2. Learned counsel for the petitioner submits that the petitioner is the

registered owner of the vehicle; there is no chance of his abscondance and

he will produce the vehicle as and when it is required. He further submits

that the trial Court has mentioned in the rejection order itself that the

petitioner is the owner of the offending vehicle and the confiscation

proceedings have not yet been started. He also submits that on the date of

incident the police seized the offending vehicle and one mobile-phone of the

petitioner, though the mobile-phone has been returned to the petitioner on

supurdnama pursuant to the order impugned, however, the court below

Cr.Rev. No. 656 of 2021

declined to give the offending vehicle to the petitioner on supurdnama. He

further submits that the said vehicle is likely to be damaged due to exposure

to sun and rain and, as such, no useful purpose would be served in keeping

the vehicle in the police station, and therefore, it be handed over to the

petitioner during pendency of the criminal case and the order of Special

Judge be set aside. Reliance has been placed on the order dated

26.06.2015 passed by the coordinate bench of this Court in Manoj Kumar

Sharma vs. State of Chhattisgarh, CRR No. 421/2015.

3. On the other hand learned counsel for the State opposed this criminal

revision.

4. Heard learned counsel for the parties.

5. Keeping in view the judgments of the Hon'ble Supreme Court in Sunderbhai

Ambalal Desai Vs. State of Gujrat, 2002 (10) SCC 283; Multani Hanifbhai

Kalubhai Vs. State of Gujrat & Another, 2013 (3) SCC 240 and order of

the coordinate bench of this Court in Manoj Kumar Sharma case (supra) and

considering the fact that the petitioner is the registered owner of the

motorcycle and it is of no use to keep the seized motorcycle at the police

station for a long time, it is directed that the motorcycle bearing registration

No. CG -13 - Y - 5140 shall be released to the petitioner on supurdnama on

the following conditions:-

(a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- with two solvent sureties to the satisfaction of the Special Judge (NDPS Act, 1985), Surguja, Ambikapur (C.G.).

(b) Petitioner must satisfy the court that he is the registered owner of the offending vehicle.

(c) Petitioner shall not transfer or dispose of the offending vehicle to any one else and shall not make any change in its body, colour or engine. It is needless to say that make, colour, chassis number, and engine number of the offending vehicle shall be furnished by the petitioner before the trial Court with an undertaking that no damage shall be caused or no part of the vehicle be substituted.

Cr.Rev. No. 656 of 2021

(d) Petitioner shall also file an undertaking before the trial Court that the offending vehicle shall not be used for commission of offence; and before giving interim custody of the offending vehicle to the petitioner, three coloured photographs of cabinet size from different angles clearly indicating registration number and other particulars of the vehicle shall be kept on file. The expenses for the photographs shall be borne by the petitioner.