Madhya Pradesh High Court
Rishabh Tripathi vs The State Of Madhya Pradesh on 14 February, 2022
Author: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 14th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 3324 of 2022
Between:-
RISHABH TRIPATHI S/O BHOLANATH TRIPATHI,
AGED ABOUT 25 YEARS, OCCUPATION: DRIVER,
R/o VILLAGE SHIVPURVA P.S GOVINDGARH
TEHSIL GUDH, DISTRICT REWA (M.P.).
.....PETITIONER
(BY SHRI HEMANT SEN, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CITY KOTWALI REWA, DISTRICT
REWA (M.P.).
.....RESPONDENT
(BY MS. HEMLATA KSHATRIYA, PANEL LAWYER)
This petition coming on for hearing this day, the court passed the
following:
ORDER
Petitioner has filed this miscellaneous criminal case under Section 482 of the
Code of Criminal Procedure challenging the order dated 22.09.2021, by which
application filed by petitioner for release of vehicle Auto Rickshaw bearing
registration No. MP-17-R-9952 on interim custody was dismissed by the Court
below.
Counsel appearing for the petitioner submitted that auto rickshaw bearing
registration No. MP-17-R9952 was seized by the police on 15.03.2021 and later on
offence under Sections 8, 21 and 22 of NDPS Act, Section 5/13 of M.P. Drug
Control Act and Sections 146, 196, 56, 192, 66, 3 and 181 of Motor Vehicles Act
was registered against the petitioner and co-accused persons. Petitioner has filed
an application under Section 457 of Cr.P.C. for release of said vehicle on
supurdaginama. Said application was rejected on the ground that vehicle may again
be used for transportation of contraband. Counsel for the petitioner relied on
Signature
SAN Not judgment passed by the Apex Court in case of (2002) 10 SCC 290 [Sunderbhai
Verified
Digitally signed by Ambalal Vs. State of Gujarat] and prayed for release of vehicle on interim
VINOD KUMAR
TIWARI
Date: 2022.02.15
10:50:51 IST
custody.
Panel Lawyer appearing for State opposed the petition. It is submitted
Special Judge (N.D.P.S. Act) has rejected the application on the ground that
vehicle may be used again for transporting narcotic substance and said vehicle was
involved in committing offence under N.D.P.S. Act. Therefore, learned Special
Judge has rightly rejected the application for release of vehicle on supurdaginama.
Counsel appearing for petitioner submitted that petitioner will maintain the
vehicle in the same condition and will produce the same before the trial Court as
and when required. It is further submitted that petitioner will not create any third
party interest in vehicle. Counsel for the petitioner submitted that vehicle may be
released during the pendency of trial.
Heard the counsel for the parties.
No material is available on record to show that vehicle can again be used for
transportation of narcotic substances. Special Judge has only shown his
apprehension and on basis of such apprehension, order has been passed. The
vehicle in question is an auto rickshaw. Said vehicle is used for carrying
passengers to earn livelihood by the petitioner. If vehicle is allowed to remain at
police station, same will be damaged which will cause loss to the property
belonging to petitioner.
In view of the judgment passed by the Apex Court in case of (2002) 10
SCC 290 [Sunderbhai Ambalal Vs. State of Gujarat] and 2009 (2) MPLJ 11
[Umashankar Usrete Vs. State of MP], impugned order dated 22.09.2021 is
hereby set aside. It is directed that auto rickshaw bearing registration No. MP-17-
R-9952 be released on supurdiginama s ub jec t to producing the original
registration, sale-letter and such necessary documents, on satisfying the following
conditions:-
(i) That, the petitioner shall furnish a personal bond in the sum of
Rs.1,00,000/- (Rs. One Lakh Only) with one solvent surety in the like amount to
the satisfaction of the trial Court on an undertaking to produce the said vehicle
before the trial Court as and when required.
Signature
SAN Not
Verified
(ii) That, the petitioner shall get the vehicle photographs showing the
Digitally signed by
VINOD KUMAR
TIWARI registration number as well as the chassis number of the vehicle. Such Photographs
Date: 2022.02.15
10:50:51 IST
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.
(iii) That, the personal bond of the petitioner as well as surety shall carry the
photographs of the both and the bond of surety shall further carry the photograph
of person identifying him before the Court which would be with full residential
proof of the surety and the person identifying him.
(iv) That, the petitioner 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.
(v) That, the petitioner will not allow the vehicle to be used in any anti-social
activities.
(vi) In the event of confiscation order by the Court competent, the petitioner
shall keep the vehicle present positively for confiscation.
(vii) The petitioner is also directed to produce the Bank Guarantee of
Rs.1,00,000/- (Rs. One Lakh Only) for two years before the concerned trial
Court for the aforesaid purpose.
Trial Court will take final decision regarding disposal of property at the time
to passing of judgment in criminal case.
With the aforesaid directions, this M.Cr.C. stands disposed off.
A copy of this order be sent to the learned trial Court concerned for
necessary compliance.
Certified copy as per rules.
(VISHAL DHAGAT)
JUDGE
vkt
Signature
SAN Not
Verified
Digitally signed by
VINOD KUMAR
TIWARI
Date: 2022.02.15
10:50:51 IST
