Madhya Pradesh High Court
Israar Khan vs The State Of Madhya Pradesh on 11 March, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 11th OF MARCH, 2022
MISC. CRIMINAL CASE No. 32177 of 2021
Between:-
ISRAAR KHAN S/O SHREE GAFFAR KHAN , AGED ABOUT 31 YEARS,
OCCUPATION: BUSINESS WARD NO. 18 SUSNER, AGAR MALWA
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI GAURAV SHRIVASTAVA, LEARNED COUNSEL FOR THE
APPLICANT.)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH P.S PACHOR, RAJGARH (BIAORA) (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI KAPIL MAHANT, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENT/STATE.)
ORDER
The present petition is filed under Section 482 of Code of
Criminal Procedure, 1973 for taking possession of Maruti Omni
bearing Registration No.MP-13-BA-3984 on Supurdginama as the
present applicant is registered owner of the vehicle.
2. As per prosecution story, Maruti Omni bearing Registration
No.MP-13-BA-3984 was seized on 23.01.2021 by the police in crime
no.38/2021 registered at police station Pachor from accused person
namely Suresh [email protected] Kamal Singh S/o- Gangaram and Madan
Singh S/o- Ramlal Singh for the offence registered under sections 8/20
of the NDPS Act. For allegation of transportation of Ganja.
3. The applicant being owner of the vehicle in question has filed an
application under Section 451 of Cr.P.C. for interim custody of the
vehicle, which has been rejected vide order dated 07.06.2021 as
custody of the vehicle is required looking to the gravity of the offence,
hence, present petition before this Court.
- : 2 :-
4. Learned counsel for the applicant while praying for interim
custody of the subject vehicle submits that the applicant is the
registered owner of the vehicle in question and therefore, he is entitled
for interim custody of the vehicle. The learned counsel for the
applicant has relied upon the judgment rendered in the case of
Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002)
10 SCC 283, to contend that the Supreme court has held that the
vehicle should not be permitted to remain parked in the police station
as same shall gather rust and shall not remain useful. He has also
placed reliance on order passed by this Court in the case of Nirmal
Singh V/s. State of M.P. (CRR No.4669/2019 decided on 17.12.2019)
in which, in the similar facts and circumstances, this Court has
directed to release the vehicle on 'Supurdiginama'.
5. Per contra, learned Govt. Advocate opposes the revision and
prays its rejection.
6. U/s. 60 of the NDPS Act, the vehicle involved in the offence
under the NDPS Act is liable to be confiscated. U/s. 63, in the trial of
offences under this Act, whether the accused is convicted or acquitted
or discharged, the Court shall decide whether any article or thing
seized under this Act is liable to confiscation u/s. 60 or Section 61 or
Section 62 of the Act. Therefore, the proceedings of confiscation is
liable to be initiated after conclusion of the trial as per discretion of the
Court. The applicant is a registered owner of the vehicle as per the
prosecution story, therefore, the said vehicle can be released to him
during pendency of the trial.
7. It is also settled legal proposition of law that interim custody of
the vehicle cannot be denied on the ground that it is liable to be
confiscated, in case the offence is proved against the accused.
8. Keeping in mind the judgment of the Hon'ble Apex Court in the
case of Sunderbhai Ambalal Desai (supra), there is no reason to deny
interim custody of the vehicle to the owner or person entitled to get
possession of the vehicle. If the vehicle is allowed to be kept in the
police station for an indefinite period, then value of the vehicle shall be
- : 3 :-
diminished substantially and it may not remain in usable condition. In
the above circumstances, the prayer of the applicant deserves to be
allowed.
9. Consequently, the present petition is allowed. The impugned
order dated 07.06.2021 passed by learned trial court is set aside and
Maruti Omni bearing registration No.MP-13-BA-3984 is ordered to be
released on 'supurdaginama' in favour of the applicant till completion
of the trial on the following conditions:-
(a) the applicant shall furnish a personal bond in the sum
of Rs.3,00,000/- (Rupees Three Lacs only) with one
solvent surety in the like amount to the satisfaction of the
trial court undertaking to produce the vehicle aforesaid in
the Court as and when required to do so.
(b) the applicant shall get the vehicle aforesaid
photographed showing the registration number as well as
the chassis number. Such photograph shall be taken in the
presence of the Investigating Officer, to be kept on the file
of the case.
(c) the applicant shall undertake not to transfer the
ownership of the vehicle aforesaid and not to lease it to
anyone and not to make or allow any changes in it to be
made so as to make unidentifiable.
(e) the applicant will not allow the vehicle aforesaid to be
used for any antisocial activities including for the purpose
of carrying narcotics which may constitute offence under
the NDPS, Act.
(f) before releasing the vehicle the trial court shall verify
the original documents of the vehicle.
Certified copy as per Rules.
( VIVEK RUSIA )
JUDGE
Ajit/-
AJIT Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE,
ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE,
KAMALASAN
postalCode=452001, st=Madhya Pradesh,
2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effad892107d9
5ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C09EF29,
serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0817FB61F5E
AN
2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN
Date: 2022.03.15 16:00:02 +05'30'
