Umesh Kumar Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 6073 MP

                                                           1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 25th OF APRIL, 2022

                                       MISC. CRIMINAL CASE No. 61647 of 2021

                               Between:-
                               UMESH KUMAR TIWARI S/O SHRI SANTOSH
                               KUMAR , AGED ABOUT 30 YEARS, OCCUPATION:
                               PRIVATE JOB R/O VILLAGE BADKHARA 739 P.S.
                               CHURHAT DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....PETITIONER
                               (BY MR. ARUNODAYA SINGH, ADVOCATE)

                               AND

                               THE STATE OF MADHYA PRADESH THR. SHO P.S.
                               SOHAGI DISTT. REWA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                               (BY MR. V.D.TIWARI, GOVT. ADVOCATE)

                             This petition has come up for hearing on this day. The court passed the
                      following:
                                                            ORDER

Petitioner has filed this writ petition under Section 482 of Cr.P.C assailing order dated 15.06.2021.

Counsel appearing for petitioner submitted that his vehicle may be released on interim custody as per judgment passed by Apex Court in the cases of Sunderbhai Ambalal Desai Vs. State of Gujraj reported in 2002 (1) SCC 283 & Multani Haifbhai Kalubhai Vs. State of Gujrat reported in 2013 (3) SCC

Govt. Advocate appearing for State opposed the application and it is submitted by him that vehicle was used for committing offence under NDPS Act. 200 bottles of Corex was being transported from the vehicle. It is also submitted by him that petitioner is not owner of the vehicle and no document has been filed by petitioner to show that he is owner of vehicle and vehicle can be given to him on supurdginama.

Signature
 SAN
Verified
          Not                Heard learned counsel for parties.
Digitally signed by          Application for releasing of vehicle on supurdginama was rejected by trial
NEETI TIWARI
Date: 2022.04.26
14:00:49 IST

Court on the ground that there is possibility that offending vehicle may be used again for committing same offence. Considering the order, an enquiry was made by Govt. Advocate as to whether petitioner is having any criminal antecedent or not. Today, Govt. Advocate informed that as per the information received from

Police Station, petitioner does not have any criminal antecedents. No other offence under the NDPS Act is registered against the petitioner. In these circumstances, it cannot be said that there is possibility of vehicle being used for any offence in further. Finding of trial Court is based on surmises of the Court.

Considering facts and circumstances of the case, petition filed under Section 482 of Cr.P.C is disposed off. Order dated 15.06.2021 is quashed. Petitioner may file fresh application for release of vehicle on supurdginama on the basis of documents showing ownership of vehicle. Trial Court shall verify the documents filed by petitioner and if it is found that petitioner is owner of vehicle in question, then the same shall be released in his favour on supurdginama.

With aforesaid, this petition stands disposed off.

                                                                                    (VISHAL DHAGAT)
                                                                                         JUDGE
                      nd




Signature
 SAN      Not
Verified

Digitally signed by
NEETI TIWARI
Date: 2022.04.26
14:00:49 IST