Madhya Pradesh High Court
Smt. Gyanti Singh vs The State Of Madhya Pradesh on 3 December, 2021
Author: Arun Kumar Sharma
1 CRR-3115-2021
The High Court Of Madhya Pradesh
CRR No. 3115 of 2021
(SMT. GYANTI SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 03-12-2021
Shri Shri Ghanshyam Pandey, Advocate for the applicant.
Shri Rajiv Pandey, P.L. for the respondent-State.
With the consent of the parties, the matter is finally heard.
The applicant has filed the instant revision under Section 397 read
with Section 401 of Cr.P.C. against the order dated 13.11.2021 passed
by the learned Special Judge N.D.P.S. Act, Distt.-Rewa (MP), in
Special Case No.1517/2021, whereby the application filed by the
applicant under Sections 451 & 457 of Cr.P.C. for handing over the
seized vehicle Bolero bearing registration No. MP-17-CB-6788 on
Supurdginama has been rejected.
The matter in brief is that the applicant is the registered owner of
the vehicle bearing registration No. MP-17-CB-6788 which has been
seized in connection with Crime No.308/21 registered at Police Station
Hanumana, Distt. Rewa in respect of offence punishable under Sections
8, 20 & 22 of the NDPS Act and Section 5/ 13 of the Drugs Control Act.
Learned counsel for the applicant has submitted that the applicant
is the registered owner by the aforesaid vehicle. It is further submitted by
the learned counsel for the applicant that there is no criminal antecedent
of the applicant. She was not transporting illegal Codeine cough syrup
1320 bottles from the vehicle. It is further submitted that the said vehicle
which is now kept in the police station, be released on Supurdginama
otherwise due to its non-use, the same would useless after sometime.
There is no need to keep the said vehicle in custody. He further submitted
that learned Special Judge committed mistake in rejecting the prayer of
the applicant and not giving the said vehicle in custody.
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On the other hand learned counsel for the State has opposed the
prayer of the applicant and has submitted that the applicant's vehicle was
found to be involved in a serious crime registered under NDPS Act and
if the vehicle in question is handed over, the same would be used for
commission of another offence. Accused/applicant is not entitled to get
vehicle on Supurdginama. Learned counsel for the State also submits that
aforesaid vehicle cannot be given on Supurdginama under Section 52(A)
(ii) of NDPS Act, in view of the principle laid down in the case of Union
of India Vs. Mohanlal and others, Criminal Appeal No.652/2012 and
Section 52(A) (ii) of NDPS Act.
On perusal of the impugned order as well as the record it is
evident that the case is still pending. There is no provision in the
N.D.P.S. Act to restrict the power of the trial court to release the seized
vehicle in interim custody to the registered owner. The learned trial court
basing its decision on section 60 of the Act has committed an error in
dismissing the application filed by the applicant / accused. Indisputably,
the applicant is a registered owner of the seized vehicle. If the vehicle is
kept lying openly in the police station there is the possibility of the seized
vehicle undergoing damaged as held by the Hon'ble Apex Court in the
case of Sunderbhai Ambalal Desai vs. State of Gujarat, 2003 SCC
(Cri) 1947.
Considering the aforesaid facts and circumstances of the case and
the aforesaid judgment, this revision petition is allowed and the
impugned order is hereby set-aside. The seized vehicle shall be given to
the applicant on the following conditions :-
1. That, applicant Smt. Gyanti Singh shall furnish Supurdginama in
the sum of Rs.8,00,000/- (Rupees Eight Lakh Only) with one solvent
surety in the like amount to the satisfaction of the concerned CJM/trial
Court, for releasing the vehicle bearing registration No. MP-17-CB-6788
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seized at Crime No.308/21 registered at Police Station Hanumana, Distt.
Rewa in respect of offence punishable under Sections 8, 20 & 22 of the
NDPS Act and Section 5/ 13 of the Drugs Control Act.
2. That, the applicant shall produce necessary documents like
original registration certificate, sale-letter etc. before the trial Court.
3. That, the applicant shall get the vehicle photographs showing
the registration number as well as chassis number of the said vehicle.
Such photographs shall be taken in the presence of the responsible
officer, who will be deputed by the trial Court and to be kept in the file
of the case.
4. That, the photographs of the applicant as well as surety must
have been placed in the personal bond and bond of surety. Further, the
photograph of person identifying him before the Court must also have
been placed in the personal bond. The applicant surety and person
identifying shall carry their full residential proof.
5. The applicant shall undertake not to transfer the ownership of
the vehicle and shall not lease it to anyone and not make or allow any
changes in it to be made so as to make unidentifiable.
6. The applicant will not allow the vehicle to be used in any anti-
social activities.
7. In the event of confiscation order of the Court competent, the
applicant shall keep the vehicle present positively for confiscation.
It is further directed that before releasing the vehicle in interim
custody of applicant, the S.H.O. of concerning police station shall get
photographs size 18 x 12 inches of the concerned vehicle taken from all
sides and also the photographs showing engine and chassis numbers.
Such photographs shall be filed in the trial Court to be kept along with
the record.
With the aforesaid directions, this petition stands disposed of.
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Certified copy as per rules.
(ARUN KUMAR SHARMA)
JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2021.12.04 10:29:00 IST
