Gudan Ganjhu vs The State Of Jharkhand
2021 Latest Caselaw 3116 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Criminal Revision No. 176 of 2021
                                         ....

            Gudan Ganjhu                                          ....    Petitioner
                                         Versus
            The State of Jharkhand                                 .... Opposite Party
                                         ....
            CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

            For the Petitioner             : Mr. A.K.Chaturvedy, Adv.
            For the State                  : Mr. Ravi Prakash, Spl. P.P.
                                           ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

04/25.08.2021 Heard learned counsel for the petitioner and learned counsel for State.

The instant application has been filed against the order dated 11.02.2021 passed by the court of learned Sessions Judge cum Special Judge (NDPS), Chatra in Misc. Criminal Application No.855 of 2020, for the offence under Sections 414/34 of the Indian Penal Code and Section 15 (C) and 18 (C) of the NDPS Act whereby the prayer for release of Splendor Plus motorcycle bearing registration No.JH 13F 8514 which has been seized by the police on 06.04.2020 has been refused and the same is presently pending in the court of learned Sessions Judge cum Special Judge (NDPS) Case.

It has been alleged that the said motorcycle has been used in commission of crime for which an F.I.R. being Lawalong P.S. Case No.27 of 2020 has been lodged. Learned counsel for the petitioner while relying on the judgment of the Hon'ble Apex Court in the case of Sunderbhai Ambala Desai Vrs. State of Jharkhand, reported in (2002) 10 SCC 283, has submitted that the vehicle in question should not be kept in police station for long period as the same is the national loss. It has been submitted that for protecting the evidentiary value of the vehicle, panchnama etc. may be prepared and for protecting the power of confiscation, the owner of the vehicle may be bounded by necessary indemnity bond, solvent security etc. On the above submission, prayer for release of the vehicle has been made.

Learned counsel for the State has opposed the prayer and submitted that the alleged vehicle was involved in commission of the crime.

In view of the above facts, the impugned order dated 11.02.2021 passed by the court of learned Sessions Judge cum Special Judge, (NDPS), Chatra in Misc. Cr. Application No.855 of 2020 is, hereby, set aside.

The matter is remitted back to the court below with a direction to release the vehicle in favour of the registered owner within two weeks from the date of receipt/production of the copy of this order after imposing necessary conditions preserving the evidentiary value and protecting the power of confiscation.

With above observation and direction, the present criminal revision stands disposed of.

(Rajesh Kumar, J.) Shahid/