Jharkhand High Court
Sugani Devi vs The State Of Jharkhand on 7 August, 2023
1 Cr.M.P. No.1514 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1514 of 2023
Sugani Devi, aged about 40 years, wife of late Gaja Ram, resident of
Village -Puniyo Ka Talla, P.O. & P.S. -Gida, District -
Badhmer, State -Rajasthan
.... Petitioner
Versus
The State of Jharkhand .... Opp. Party
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioner : Mr. Sagar Kumar, Advocate
: Mr. Shailesh Poddar, Advocate
For the O.P. No.2 : Mr. Ravi Prakash, Spl. P.P.
.....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 482 Cr.P.C. with a prayer
to quash the order dated 03.03.2023, passed by the learned
Sessions Judge-cum-Special Judge (NDPS), Chatra in
Miscellaneous Criminal Application No. 1042 of 2022, arising out
of Chatra Sadar P.S. Case No. 197 of 2021 corresponding to NDPS
Case No. 58 of 2022 by which the learned Sessions Judge-cum-
Special Judge (NDPS), Chatra rejected the prayer of the petitioner
for release of the truck bearing registration no. RJ 19GF 3101 in
which illegal Poppy Straw/Doda total 2887 Kg were recovered.
3. It is submitted by the learned counsel for the petitioner that the
petitioner has been made accused in this case only on the basis of
suspicion. It is next submitted that the seized vehicle is a 14
wheeler truck bearing registration no. RJ 19GF 3101 which
originally belongs to the husband of the petitioner and since, the
demise of her husband, the petitioner is owning the vehicle after
transferring the ownership in her name. It is next submitted that
the commercial vehicle was used for absolutely lawful
transportation work which mostly included the transportation of
goods from Rajasthan to other States including Jharkhand and in
the last voyage of the said vehicle, the said vehicle was destined to
load goods from Rajasthan and transport it to Jharkhand and
thereafter to return back to Rajasthan but the petitioner got the
information that the driver and assistant driver unauthorisedly
and without the knowledge of the petitioner have used the vehicle
for illegal activity. It is next submitted that the petitioner is a
widow and pardanashin lady and the petitioner is facing financial
distress by the prolonged detention of the vehicle. It is next
submitted that the co-accused persons who faced the trial vide
N.D.P.S. Case No. 58 of 2022 has already been convicted and the
petitioner has been given the privilege of anticipatory bail by a co-
ordinate Bench of this Court. It is next submitted, by the learned
counsel for the petitioner, relying upon the Judgment of Hon'ble
Supreme Court of India in the case of Sunderbhai Ambalal Desai
v. State of Gujarat, reported in (2002) 10 SCC 283, that therein the
Hon'ble Supreme Court of India has held that it is of no use to
keep the seized vehicles at the Police Station for a long time and it
is for the Magistrate to pass appropriate orders immediately by
taking appropriate bond and guarantee as well as security for
return of the said vehicle. It is next submitted that the petitioner is
ready and willing to furnish indemnity bond and security for
producing the vehicle, as and when directed by the court before it
or before any other authority and the value of the vehicle in
question will be diminished if allowed to be kept under open sky
in the premises of the police station. Hence, it is submitted that the
learned Special Judge has committed an illegality by not allowing
the release of the vehicle in favour of the petitioner; hence, the
same is not sustainable in law. It is, therefore, submitted that the
order dated 03.03.2023, passed by the learned Sessions Judge-
cum-Special Judge (NDPS), Chatra in Miscellaneous Criminal
Application No. 1042 of 2022, arising out of Chatra Sadar P.S. Case
No. 197 of 2021 corresponding to NDPS Case No. 58 of 2022 by
which the learned Sessions Judge-cum-Special Judge (NDPS),
Chatra rejected the prayer of the petitioner for release of the truck
bearing registration no. RJ 19GF 3101 be quashed and set aside
and the learned Special Judge be directed for release of the vehicle
in favour of the petitioner.
4. The learned Spl. P.P. on the other hand opposes the prayer for
release of the vehicle and submits that in case, the court is inclined
to allow the petition then the condition be imposed upon the
petitioner, not to sale or alienate the said truck nor to change its
colour or structure and to produce sufficient security including
indemnity bond with security to produce the vehicle as, when and
where directed to be produced by the learned Special Judge. It is
next submitted by the learned Spl. P.P. that the I.O. has written a
letter for initiation of confiscation proceeding.
5. Having heard the submissions made at the Bar and after going
through the materials in the record, it is crystal clear that there is
no dispute that the petitioner is the owner of the vehicle in
question. It is also crystal clear that the investigation of the case is
already over as the co-accused persons have already been
convicted in N.D.P.S. Case No. 58 of 2022 and the petitioner is on
bail. In view of the principle of law settled by the Hon'ble
Supreme Court of India, in the case of Sunderbhai Ambalal Desai
v. State of Gujarat (spura), no fruitful purpose will be served by
detaining the 14 wheeler commercial vehicle in open sky in the
premises of the police station.
6. Accordingly, the order dated 03.03.2023, passed by the learned
Sessions Judge-cum-Special Judge (NDPS), Chatra in
Miscellaneous Criminal Application No. 1042 of 2022, arising out
of Chatra Sadar P.S. Case No. 197 of 2021 corresponding to NDPS
Case No. 58 of 2022 by which the learned Sessions Judge-cum-
Special Judge (NDPS), Chatra rejecting the prayer of the petitioner
for release of the truck bearing registration no. RJ 19GF 3101 is
quashed and set aside.
7. The learned Sessions Judge-cum-Special Judge (NDPS), Chatra is
directed to grant interim custody of the truck bearing registration
no. RJ 19GF 3101 by releasing it in favour of the petitioner on the
petitioner submitting an undertaking on the following terms and
conditions:-
i. The petitioner shall furnish an indemnity bond of Rs.
Fifteen Lakhs (Rs. 15,00,000/- ) with two solvent
sureties.
ii. The petitioner shall produce the vehicle as, and when
required by the court or the I.O. of the case.
iii. The petitioner shall not sale, mortgage or transfer the
ownership of the vehicle during the pendency of the case.
iv. The petitioner shall not change or tamper with the
identification of the vehicle in any manner during the
pendency of the case; and
v. Any other condition, if any, to be imposed by the trial
court.
8. In the result, this criminal miscellaneous petition is allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 7th August, 2023
AFR/Sonu-Gunjan/-
