Omprakash Meena vs The State Of Madhya Pradesh
2021 Latest Caselaw 7155 MP

               HIGH COURT OF MADHYA PRADESH
            1                              M.Cr.C.No. 46905/2021
              ( Omprakash Meena Vs. State of M.P. )

Gwalior Bench:
Dated -09/11/2021
      Shri Anshu Gupta, learned counsel for the petitioner.
      Shri Anil Shukla, learned PP for the respondent/State.

Learned counsel for the rival parties are heard. Petitioner has invoked inherent powers of this Court u/S.482 Cr.P.C. assailing the order dated 27.07.2021 of learned trial Judge dismissing an application seeking interim custody of the vehicle seized in relation to offence registered as Crime No.395/2020 at Police Station Kumbhraj, District Guna u/S. 8/21, 29 of NDPS, Act, in which the petitioner has though not been arrayed as an accused but is said to be the registered owner of the said seized vehicle.

The vehicle after being seized is lying idle and subject to the vagaries of nature.

As per prosecution story, on 6/11/2020 on a tip of informer, police force of Police Station Kumbhraj reached to the spot at Bansaheda and surrounded motorcycle RJ28SU0929 and caught driver and pillion rider of vehicle, Bhura and Bablu Meena respectively and from their possession 50 grams smack was seized and case as mentioned above was registsered.

The petitioner submitted that he is the owner of the motorcycle RJ28SU0929 and applied for releasing and handing over the said motorcycle on supardaginama before the JMFC but the JMFC has dismissed the said application. The criminal revision preferred against the order passed by the JMFC, has also been dismissed confirming the order of the JMFC.

Learned counsel for the petitioner submitted that petitioner HIGH COURT OF MADHYA PRADESH

( Omprakash Meena Vs. State of M.P. )

is the owner of the said motorcycle and has no relation with the alleged crime and if the motorcycle is not released, the machinery of the it will be ruined. Learned counsel for the petitioner has also submitted that order passed by learned trial Court is illegal because under Section 451 of Cr.P.C. for protection of the vehicle, it ought to have been given to the petitioner on Supurdgi who has deposited the tax etc. for running of the vehicle. In this regard, he has cited the judgment of this Court in the matter of Yadwinder Singh Vs. State of M.P. and others, 2011 (4) MPLJ 165, in which it has been held that under Section 451 of Cr.P.C. interim custody of the vehicle should have been given to the petitioner as there was danger of its being damaged by vagaries of weather.

Learned counsel for the petitioner has further relied upon the judgment of Hon'ble Supreme Court in the matter of Sunderbhai Ambalal Desai Vs. State of Gujarat, (2002) 10 SCC 283 and Full Bench decision of this Court in the matter of Madhukar Rao Vs. State of M.P. and Ors, 2000 (1) MPLJ 289 in support of his contentions.

Learned Public Prosecutor on the other hand submits that no illegality has been committed by the Courts below which can be corrected by this Court while exercising its jurisdiction under Section 482 of Cr.P.C.

Considering the facts and circumstances of the case and the fact that petitioner is registered owner of the vehicle and has no relation with the offence and law as enumerated in Sunderbhai Ambalal Desai (supra), the petition is allowed and the orders passed by Courts below are hereby set aside and seized vehicle of the petitioner bearing motorcycle RJ28SU0929 is directed to HIGH COURT OF MADHYA PRADESH

( Omprakash Meena Vs. State of M.P. )

be released to the petitioner on supurdgi with a direction that petitioner shall furnish a bank guarantee of Rs. 50,000/- (Rs. Fifty Thousand only) to the satisfaction of the trial Court for production of the same as and when required and also on the necessary terms and conditions which may be imposed by the trial Court in this regard.

With the aforesaid direction, petition stands allowed. A copy of this order be sent to the Trial Court for information and compliance.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

PRAKASH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec 865c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8 CB2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B80 72A2D8C01433EBD48AE4F609F108CA8F8DE6 B522, cn=JAI PRAKASH SOLANKI Date: 2021.11.11 18:04:44 +05'30'