Lokendra Shakya vs The State Of Madhya Pradesh
2021 Latest Caselaw 2440 MP

                            1
         THE HIGH COURT OF MADHYA PRADESH
                  M.Cr.C. No. 29451/2021
              Lokendra Shakya v. State of M.P.

                   Through Video Conferencing.

Gwalior, Dated :16.06.2021

      Shri Yash Sharma, Counsel for the applicant.

      Shri R.K. Awasthy Counsel for respondents/State.

This application under Section 482 of Cr.P.C. has been filed

seeking quashment of order dated 20 th of May, 2021 passed by the

Trial Court in connection with Crime No. 216/2021, thereby rejecting

the application filed by the applicant under Section 457 of Cr.P.C for

releasing of Motor Cycle on Supurdigi.

The necessary facts for disposal of the present application in

short are that the brother of the applicant namely Deepak Shakya was

stopped by the police while he was going on the motorcycle bearing

registration no. MP. 33 MU 9254 and he was found in possession of

20 gms of smack. The Police Station Cant Distt. Guna registered FIR

against the brother of the applicant under Section 8/21 of NDPS Act.

Since the Motorcycle in question was being used for transportation of

20 gms of smack, therefore motorcycle has also been seized.

The applicant preferred an application under Section 457 of

Cr.P.C for release of the motorcycle.

The trial Magistrate by impugned order dated 20.05.2021 has

come to a conclusion that since the vehicle involved in commission

of offence under NDPS Act can be confiscated and in the light of

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 29451/2021 Lokendra Shakya v. State of M.P.

judgment passed by the Supreme Court in the case of Union Of

India vs Mohanlal & Anr reported in (2016) 3 SCC 379 rejected

the application for release of motorcycle.

Challenging the order passed by the Court below, it is

submitted by the Counsel for the State that the applicant is not an

accused and his motorcycle was being used by his brother without

his knowledge and, therefore, in the light of the judgment passed by

the Supreme Court in the case of Sunderbhai Ambalal Desai vs

State Of Gujarat reported in (2002) 10 SCC 283 vehicle should

have been released.

Considered the submissions made by the Counsel for the

applicant.

It is the case of the prosecution that the brother of the applicant

was found in possession of 20 gms of smack and the motorcycle on

which he was riding was also seized. Smack is not easily available in

the market and until and unless the brother of the applicant is in

touch with drug paddlers, it is not possible for him to obtain smack.

The menace of drug trafficking is increasing day by day. Further, the

motorcycle seized for committing of offence punishable under NDPS

Act is also liable to be confiscated. Under these circumstances, this

Court is of the considered opinion that the trial Court did not commit

any mistake by refusing to exercise of its jurisdiction to release the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 29451/2021 Lokendra Shakya v. State of M.P.

vehicle.

As no jurisdictional error could be pointed by Counsel for the

applicant, accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.06.22 10:09:16 +05'30'