Chand Miya vs State Of Mp
2021 Latest Caselaw 5625 MP

Citation : 2021 Latest Caselaw 5625 MP
Judgement Date : 17 September, 2021

Madhya Pradesh High Court

Chand Miya vs State Of Mp on 17 September, 2021

Author: Rajeev Kumar Shrivastava

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                      THE HIGH COURT OF MADHYA PRADESH
                            M.Cr.C. No.43256/2020
                            (Chand Miya vs. State of M.P.)

Gwalior, Dated :17.09.2021

      Heard through videoconferencing.
      Shri Prasun Maheshwari, learned counsel for the petitioner.
      Smt. Abha       Mishra,    learned   Public   Prosecutor   for   the
respondent/State.

1. This petition has been filed under Section 482 of Code of Criminal Procedure against the order dated 31.08.2020 passed by Sessions Judge Ashoknagar, District Ashoknagar in Case No.02/2020, by which the application filed under Sections 451, 457 of Cr.P.C. by the petitioner for releasing the motorcycle bearing registration No.M.P.M.S. 5509, was rejected.

2. It is submitted by the learned counsel for the petitioner-Chand Miya that the petitioner is the registered owner of the seized vehicle bearing registration No.M.P.08 M.S. 5509. Copy of registration has been filed wherefrom, it reflects that the petitioner Chand Miya is the registered owner of the seized vehicle bearing registration No.M.P.08 M.S.5509. His aforesaid motorcycle has been seized by the Police Station Shadora in Crime No.20/2020 under Section 8/20, 29 of the NDPS Act for commission of aforesaid offence. It is submitted that the vehicle seized is kept in the police station in the open place. In compliance of earlier order of this Court dated 24.08.2021, status report has been received with regard to confiscation of the seized vehicle, wherein it is specifically stated that till date confiscation proceedings have not been started. Trial will take its own time. Therefore, prayed for release of vehicle during the course of trial. In support of his arguments, learned counsel for the petitioner has relied upon the judgments passed by Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat [(2002) 10 SCC 283] and General Insurance Council and others Vs. State of Andhra Pradesh & others (2010) 3 SCC (Cri) 226.

3. Learned Public Prosecutor has opposed the same and has submitted that the vehicle has been seized for commission of offence

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43256/2020 (Chand Miya vs. State of M.P.)

under Section 8/20,29 of the NDPS Act by the Police Station Shadora, wherein the vehicle was used to transport 2 kg of Ganja. The trial is still pending before the trial Court and the seized vehicle is the subject matter of evidence, therefore, in case of release of vehicle the prosecution case would be adversely affected. Hence, prayed for rejection of the petition.

4. Perused the material available on record.

5. In Sunderbhai Ambalal Desai (supra), the Hon'ble Apex Court has held in para 17 as under:-

"17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. 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 vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."

6. It is undisputed that the criminal trial is still pending in relation to vehicle in question and the said vehicle is lying idle since long in the custody of police, due to which its condition is deteriorating day by day.

7. On perusal of status report dated 31.08.2021 whereby it is disclosed by the concerning police station that till date confiscation proceedings have not been started rather it would be of the discretion of the trial Court to proceed further with regard to confiscation of seized vehicle. Therefore taking into consideration the submissions made by learned counsel for the petitioner, it is directed that if the petitioner furnishes interim custody bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) to the satisfaction of the trial Court concerned, then the possession of vehicle bearing registration No. MP 08 MS 5509 be given to the petitioner subject to following conditions:-

(i) The petitioner will not make any change in the appearance of the vehicle in question;

(ii) He shall not create third party rights over the vehicle in question;

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.43256/2020 (Chand Miya vs. State of M.P.)

(iii) He shall produce the vehicle before the trial Court, as and when demanded, on his own cost;

(iv) This order shall remain in force till final disposal of the case pending before the trial Court and at the time of final disposal of the case the trial Court will be at liberty to pass appropriate orders with regard to vehicle in question in accordance with law without getting influenced by this order.

(v) In the event of confiscation order by the competent authority or Collector, the petitioner shall keep the vehicle present positively for confiscation. If confiscation proceedings have already been started, then this order shall have no force.