Delhi High Court
Mohd Islam vs State Nct Of Delhi on 15 February, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3315/2021
Date of Decision: 15.02.2022
IN THE MATTER OF:
MOHD. ISLAM .....Petitioner
Through: Mr. Akhand Pratap Singh,
Advocate.
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Sanjeev Sabharwal, APP for
State with SI Murari Krishan, P.S.
New Friends Colony.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
MANOJ KUMAR OHRI, J. (ORAL)
1. The present petition has been filed under Section 482 Cr.P.C. on
behalf of the petitioner seeking setting aside of the order dated
16.08.2021 passed by the learned ACMM, South-East District, Saket
Courts, New Delhi in e-FIR No. 4382/2021, whereby the petitioner's
application seeking release of Toyota Fortuner Car bearing Registration
No: UK-07-DM-0786 was dismissed. The petitioner has also sought
release of the aforesaid vehicle.
2. Mr. Akhand Pratap Singh, learned counsel for the petitioner
submits that at the behest of the petitioner, a complaint was lodged on
15.02.2021 under Section 379 IPC at e-P.S. New Friends Colony, Delhi
regarding theft of his Toyota Fortuner Car bearing Registration No:
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UK-07-DM-0786. It is submitted that the said vehicle was stolen in front
of Bansal Hospital, New Friends Colony, New Delhi. Learned counsel
for the petitioner submits that subsequent thereto, during investigation
the aforesaid vehicle was recovered from Visakhapatnam, Andhra
Pradesh on 25.05.2021. Learned counsel has also placed reliance on the
RC of the car to show that the petitioner is the registered owner of the
recovered car.
3. Learned counsel for the petitioner further submits that the engine
and chasis numbers of the aforementioned vehicle were found to be
tampered however other parts including battery and tyres were
unchanged. He submits that till date, the vehicle is stationed in the
service centre of M/s Galaxy Toyota, Delhi and is lying unused. He
further submits that if the vehicle continues to remain unused, the same
would result in its complete deterioration. It is also submitted that till
date, no third party has claimed ownership rights over the aforesaid
vehicle.
Learned counsel for the petitioner, on instructions, submits that
the petitioner is ready and willing to give an indemnity bond alongwith
an undertaking to the effect that the status of the said vehicle will not be
altered or sold during the pendency of the trial without prior permission
of the Trial Court.
4. The Status Report has been forwarded through E-mail, which is
taken on record. While relying on the Status Report, Mr. Sanjeev
Sabharwal, learned APP for the State, confirms that till date, no other
claimant has come forward to claim ownership over the aforesaid
vehicle. As per the Status Report, the engine and chasis numbers of the
recovered vehicle were found to be tampered and on tracing the same, it
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has come on record that the said numbers belong to another Fortuner Car
being registration No. HR-26-DT-0036 stated to be registered in the
name of one Mr. Vinod Kumar Arora, who had also lodged a theft report
against which FIR No. 7594/2021 was registered at P.S. Bharat Nagar,
Delhi. Learned APP for the State, on instructions, further submits that
Mr. Vinod Kumar Arora has not come forward to raise any claim on the
recovered vehicle.
5. It is noted that initially vide order dated 14.06.2021, the learned
ACMM had directed release of the aforesaid vehicle on superdari
however, subsequent to which, an application for directions was filed by
the Investigating Officer. Thereafter, the Trial Court kept its order dated
14.06.2021 in abeyance and called for a detailed Inspection Report from
the car dealer namely M/s Galaxy Toyota. After perusing the said
Inspection Report, the Trial Court vide the impugned order dated
16.08.2021 dismissed the application of the petitioner seeking release of
the aforesaid car. After considering the Inspection Report, the Trial
Court observed as follows:
"...The Court has gone through the report alongwith
annexures. It is reported that during vehicle investigation,
the below mentioned parts were checked and details were
confirmed from the database:
A. Engine Number;
B. Engine Number on Cylinder headcover;
C. Fuel Tank Serial Number;
D. Knee SRS Airbag Number;
E. Front LH Dust Cover;
F. Passenger Airbag Number;
G. GTS data (Scan tool data)
It is concluded that by the concerned expert that all the
aforesaid parts belong to the engine number 1GDA167342
and VIN No.MBJBA3FS900811837. On being specifically
asked, the expert explained that the 'match marks' on the
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various parts of the vehicle attached to the aforesaid engine
number have not been tampered with. It reflects that the
original engine in the recovered vehicle was not removed
while the other outer body parts may have been changed. It
is also confirmed that the chasis number has been tampered
with and it is not possible to decipher the original chasis
number from the vehicle (and the tampered chasis number
has matched with the chasis number of another vehicle of
same model registered in West Bengal)."
6. A perusal of the Status Report would show that prior to the
registration of e-FIR No. 4382/2021 on 15.02.2021 regarding theft of the
car, the petitioner had replaced the battery and tyres of the vehicle,
which on recovery have matched with the invoices dated 02.05.2020 and
11.01.2021 respectively produced by the petitioner.
7. Keeping in view the fact that the value of the car as well as it's
physical condition will deteriorate, if it continues to remain unused; the
fact that the details of the battery and tyres have matched with the
invoices produced by the petitioner and also the fact that no other person
has claimed ownership of the recovered vehicle till date, it is directed
that subject to the final outcome in the trial, the aforesaid recovered
Toyota Fortuner Car bearing Registration No: UK-07-DM-0786 be
released to the petitioner, on petitioner's furnishing appropriate
indemnity bond alongwith an undertaking to the satisfaction of the Trial
Court.
8. With the above directions, the petition is disposed of.
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9. A copy of this order be communicated electronically forthwith to
the concerned Trial Court.
MANOJ KUMAR OHRI, J
FEBRUARY 15, 2022
ga
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