Kharagram Kori vs The State Of Madhya Pradesh
2022 Latest Caselaw 8460 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                                  ON THE 27th OF JUNE, 2022

                                                      MISC. CRIMINAL CASE No. 33134 of 2020

                                               Between:-
                                       1.      KHARAGRAM KORI, S/O SHRI CHHIDDU
                                               PANDA, AGED ABOUT 33 YEARS, OCCUPATION:
                                               PRIVATE JOB, R/O WARD NO.8, HINDORIYA,
                                               DISTRICT DAMOH (M.P.)

                                       2.      ANWAR KHAN, S/O MUBARIK KAYYUM, AGED
                                               ABOUT 22 YEARS, OCCUPATION: PRIVATE JOB,
                                               R/O WARD NO.8, HINDORIYA, DISTRICT
                                               DAMOH (M.P.)

                                                                                                    .....PETITIONER
                                               (BY SHRI MANOJ KUSHWAHA, ADVOCATE)

                                               AND

                                               THE STATE OF MADHYA PRADESH THROUGH
                                               P.S. HINDORIYA, DISTRICT DAMOH (M.P.)

                                                                                                  .....RESPONDENTS
                                               (BY SHRI AMAN PANDEY, PANEL LAWYER)

                                             This application coming on for hearing this day, the court passed the
                                       following:
                                                                            ORDER

This petition under Section 482 of the Cr.P.C. by the present applicants has been filed for the seizure of their motor-cycles.

As per the prosecution, on an information, the house of the applicant No.1 was searched and 117 liters of illegal liquor has been seized from the house of the applicant No.1. The seized motor-cycles were nu-numbered and Signature Not Verified SAN

found parked outside the house of the applicant No.1. Digitally signed by SHARAN JEET KAUR JASSAL Date: 2022.06.27 18:16:54 IST The contention of learned counsel for the applicants is that the said

vehicles were not used for transportation of the liquor and the liquor was simply found from inside of the house of the applicant No.1. Under the circumstances, the police authorities have no reason to seize the vehicles which were parked outside the house.

Learned counsel for the State has fairly submitted that these motor-cycles were seized while they were parked outside the house and there is no allegation that these were used for transporting the liquor. These vehicles were seized on 22.05.2020 and lying in the Police Station for more than a month.

The issue came up for consideration before the Supreme Court in the case of Sunderbhai Ambalal DesaiVs. State of Gujrat (2002) 10 SCC 283

and the Supreme Court has observed :-

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.

18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance

Signature Not Verified company fails to take possession, the vehicles may be sold as per SAN

the direction of the Court. The Court would pass such order within Digitally signed by SHARAN JEET KAUR JASSAL

a period of six months from the date of production of the said Date: 2022.06.27 18:16:54 IST

vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.

In the case of Basavva Kom Dyamangouda Patil Vs. State of Mysore (1977) 4 SCC 358 the Supreme Court has observed :-

4. The object and scheme of the various provisions of the Code appear to be that where the property which has been the subject-matter of an offence is seized by the police, it ought not to be retained in the custody of the Court or of the police for any time longer than what is absolutely necessary. As the seizure of the property by the police amounts to a clear entrustment of the property to a Government servant, the idea is that the property should be restored to the original owner after the necessity to retain it ceases.

The ratio of the aforesaid judgments squarely applicable to the facts of the present case. The order of the trial Court is, therefore, quashed.

It is directed that the seized vehicles, motor-cycles bearing registration Nos. MP-34-ML-4072 and MP-34-MJ-7838 shall be handed over to the applicants on Supurdginama subject to producing the original registration

certificate and further on satisfying the following conditions :-

(i) That, the applicants shall furnish a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) each for the aforesaid vehicles, with one surety in the like amount to the satisfaction of the trial Court on an undertaking Signature Not Verified SAN

to produce the said vehicles before the trial Court as and when required. Digitally signed by SHARAN JEET KAUR JASSAL Date: 2022.06.27 18:16:54 IST

(ii) That, the applicants shall got the vehicles' photographs showing the

registration numbers as well as the chassis numbers. Such photographs 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 applicants as well as surety shall carry the photographs of both and the bond of surety shall further carry the photographs of person identifying them before the Court which would be with full residential proof of the surety and the person identifying them.

(iv) The applicants shall undertake not to transfer the ownership of the vehicles and not to lease it to any one and not to alienate or create any third party interest and not to make or allow any changes in it to be made so as to make identifiable.

(v) The applicants shall not allow the vehicles to be used for any anti- social activities.

(vi) In the event of confiscation order by the Court competent, the applicants shall produce the vehicles positively for confiscation.

With the aforesaid, this application under Section 482 of the Cr.P.C. stands allowed.

A copy of this order be forwarded to the learned trial Court/the authority concerned for necessary compliance.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE sjk Signature Not Verified SAN

Digitally signed by SHARAN JEET KAUR JASSAL Date: 2022.06.27 18:16:54 IST