Gujarat High Court
Paritoshbhai Lalitbhai Zala vs State Of Gujarat on 6 May, 2022
Bench: B.N. Karia
R/CR.RA/491/2022 ORDER DATED: 06/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 491 of 2022
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PARITOSHBHAI LALITBHAI ZALA
Versus
STATE OF GUJARAT
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Appearance:
MR NIGAM R SHUKLA(855) for the Applicant(s) No. 1
MS. M.H. BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 06/05/2022
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for and on
behalf of respondent-State.
2. By way of preferring this Criminal Revision Application under
Sections 397 and 401 of the Code of Criminal Procedure, 1973,
applicant has prayed for following relief:
" a) This Hon'ble Court be pleased to exercise its
revisional powers u/s. 397 & 401 of Cr.P.C., 1973 and
further be pleased to pass an order to release the vehicle
of the applicant being Volkswagen Polo Car having
registration no. GJ-03-HR-0633, Engine No.CWX119289
and Chassis No.MEXJ15603GT033001 recovered as
muddamal which is lying in the custody of in Gandhigram
2 (University) Police Station, in connection with C.R.
No.I-11208003210833/2021 and be handed over to
applicant, in the interest of justice;"
2. Heard learned advocate appearing for the applicant and
R/CR.RA/491/2022 ORDER DATED: 06/05/2022
learned APP appearing for the respondent-State.
3. It is contended by learned advocate for the applicant that court
below has not handed over interim custody of the vehicle in
question. It is, therefore, requested that appropriate directions should
be given to the concerned Magistrate/Trial Court who is dealing with
such questions to hand over such vehicle to its owner or to the
person from whom the said vehicle is seized by taking appropriate
bond/guarantee/solvent surety for the return of the said vehicle if
required by the Court at any point of time. Hence, it is requested by
learned advocate appearing for the applicant to allow present
application.
4. It is submitted by learned APP appearing for the respondent-
State that FIR is registered under Section 406, 409, 420 and 120 B
of the Indian Penal Code as well as Section 3 of the G.P.I.D. Act
with Gandhigram-2 Police Station, Dist-Rajkot City on 30.03.2021
and charge-sheet is filed against the accused persons. Procedure is
initiated against the present applicant/accused. That the learned trial
court has rightly rejected the application of the applicant for interim
custody of the muddamal vehicle. It is further submitted by learned
APP appearing for the respondent-State that under Section 4(1) of
R/CR.RA/491/2022 ORDER DATED: 06/05/2022
the G.P.I.D., process is already initiated by the Investigating
Agency, and therefore, the vehicle in question cannot be released
temporarily as prayed by the present applicant. Hence, it is
requested by learned APP appearing for the respondent-State to
dismiss the present application.
5. Having considered the facts of the case and submissions made
by learned advocate appearing for the applicant as well as learned
APP appearing for the respondent-State, it appears that name of the
applicant has not shown as an accused in the FIR but in the contents
of the FIR his name is disclosed. He was shown as an accused No.8
in the charge-sheet. Vehicle No.GJ-03-HR-0633 was seized by the
Investigating Agency along with vehicles of other persons. The main
co-accused namely Pradipbhai Khodabhai Davera is released on bail
by the Co-ordinate Bench of this Court in Criminal Misc.
Application No.19878 of 2021 vide order dated 21.03.2022 while
giving undertaking that his brother shall deposit initially Rs. 1.00
Crore (Rupess One Crore) within a period of two months from the
date of his release and thereafter, he will deposit a sum of Rs.2.00
Crores( Rupees Two Crores) within a period of six months and
thereafter, he will deposit the balance amount within a period of 12
R/CR.RA/491/2022 ORDER DATED: 06/05/2022
to 18 months. The vehicle in question is unnecessary lying with the
police station. Indisputedly, applicant is the purchaser of this vehicle
bearing RTO registration No.GJ-03-HR-0633.
6. In the case of Sundarbhai Ambalal Desai Vs. State of
Gujarat reported in 2003 (1) GLH 307, the Hon'ble Supreme Court
has observed as under:
"Valuable Articles and Currency Notes.
9. With regard to valuable articles, such as, golden
or silver ornaments or articles studded with
precious stones, it is submitted that it is of no use to
keep such articles in police custody for years till the
trial is over. In our view, this submission requires
to be accepted. In such cases, magistrate should
pass appropriate orders as contemplated under
Section 451 of Cr.P.C. at the earliest.
10. For this purpose, if material on record
indicates that such articles belong to the
complainant at whose house theft robbery or
dacoity has taken place, then seized articles be
handed over to the complainant after :-
(1) preparing detailed proper panchnama of such
articles;
(2) taking photographs of such articles and a bond
that such articles would be produced if required at
the time of trial; and
(3) after taking proper security."
7. Considering the facts and circumstances of the present case
and considering the fact that the applicant is the purchaser of vehicle
as well as considering the judgment as discussed above, prayer made
by the applicant requires consideration.
R/CR.RA/491/2022 ORDER DATED: 06/05/2022
8. In the result, this application is allowed. The learned trial
Court concerned is directed to immediately release the vehicle in
question bearing registration No. GJ-03-HR-0633, Engine
No.CWX119289 and Chassis No.MEXJ15603GT033001 in
connection with the FIR being C.R. No.I-11208003210833/2021
registered with Gandhigram 2 (University) Police Station, Dist-
Rajkot after due verification as well as learned Magistrate shall
inquire as regards entitlement as to whether he is the owner of
vehicle or not and following the procedure as it thinks necessary as
provided under section 451 of the Code of Criminal Procedure 1973
and on the applicant fulfilling the following conditions:
(i) The applicant shall furnish a solvent surety of the
amount equivalent to the value of the vehicle in
question as per the value disclosed in the seizure
memo or panchnama;
(ii) The applicant shall file an undertaking on oath
before the learned trial Court that he shall not
transfer, alienate, part with the possession of the
vehicle or create any charge over the vehicle till the
conclusion of the trial;
(iii) The applicant shall produce the vehicle as and
when the Authority or the Court concerned directs him
to do so.
9. It would be opened for the Investigating Agency to proceed
R/CR.RA/491/2022 ORDER DATED: 06/05/2022
under Section 4(1) of the G.P.I.D. Act.
10. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(B.N. KARIA, J)
SUYASH
