Jharkhand High Court
Mahadeo Sao vs The State Of Jharkhand on 25 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.752 of 2020
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Mahadeo Sao ... ... Petitioner
Versus
The State of Jharkhand ... ...Opposite Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. R.S. Mazumdar, Sr. Adv.
Mrs. J. Mazumdar, Adv.
For the State : Mr. Ravi Prakash, Spl. P.P.
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The matter was taken up through Video Conferencing. Learned counsel
for the parties had no objections with it and submitted that the audio and
video qualities are good.
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04/25.08.2021: Heard the learned counsel for the parties.
2. Learned senior counsel for the petitioner has argued that the
present revision application has been filed for release of the vehicle-
Bolero bearing Registration No.JH-02-AL-3712 and for setting aside the
order dated 03.09.2020 passed by the learned Sessions Judge-cum-
Special Judge (NDPS), Chatra in M.C.A. No.57 of 2020 in which the
alleged vehicle has not been released in favour of the owner of the
vehicle.
3. It has been submitted by the learned senior counsel for the
petitioner that the vehicle has been seized on 21.05.2019 and since then
it is lying in the police station without due care. The petitioner is the
owner of the vehicle which has been allegedly used in the commission of
the crime under N.D.P.S. Act. It is further submitted that the court below
has rejected the prayer for releasing the said vehicle only on the ground
that the vehicle has been used in the commission of crime, and it cannot
be the reason for rejection of the same.
Learned counsel for the petitioner while relying upon the
judgment of the Hon'ble Apex Court reported in 2002 (10) SCC 283 in
the case of Sunderbhai Ambalal Desai v. State of Gujarat has submitted
that the commercial vehicle usually be released in favour of the owner
because it is national loss and further it helps to reduce over crowing in
the police station. It has further been submitted by the learned senior
counsel that the petitioner is the owner of the vehicle and he is ready to
abide by any condition imposed by the court.
4. On the other side learned Spl. P.P. has opposed the prayer for
release of the vehicle and it has been submitted that the vehicle in
question has been used for carrying opium of commercial quantity and
the vehicle was driving by the owner himself. It is not a case that the
vehicle has been used without knowledge of the owner rather the owner
was involved in the commission of the crime and carrying the narcotics
substance in commercial quantity.
5. Having heard the learned counsel for the parties and from
perusal of the records, it appears that the vehicle in question, has been
used in transportation of narcotics substances for which the present case
has been lodged. It is settled principle of law that tools or any property
used in the commission of crime are not punishable rather the owner is
punished by confiscating the tools or properties. Section 451 of the
Cr.P.C. deals with the interim release of the mudammal articles or the
property which has been used for the commission of any offence.
6. Thus, the mandate of the law is loud and clear that the
concerned magistrate has to deal with the mudammal promptly to avoid
national loss and the police station not unnecessarily overcrowded by
mudammal.
7. In view of above consideration, the impugned order dated
03.09.2020 passed by the learned Sessions Judge-cum-Special Judge
(NDPS), Chatra in M.C.A. No.57 of 2020 is, hereby, set-aside and the
case is remitted back to the concerned court and the concerned court is
mandated to pass an appropriate order under Section 451 of the Cr.P.C.
within two weeks from the date of receipt/production of a copy of this
order. Further, the concerned court should verify the necessary
documents and shall also prepare panchnama etc. and shall take proper
indemnity bond etc. also before releasing the vehicle.
8. With above observation and direction, the present criminal
revision being Criminal Revision No.752 of 2020 stands disposed of.
(Rajesh Kumar, J.)
Amar/-
