Anoop Singh Chouhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6961 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                          ON THE 9th OF MAY, 2022

              MISC. CRIMINAL CASE No. 23382 of 2022

        Between:-
        ANOOP SINGH CHOUHAN S/O LALJI SINGH
        CHOUHAN @ SOBRAN SINGH , AGED ABOUT 46
        YEARS, R/O BANTHARI MIHONA, DISTRICT
        BHIND (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI V.K. CHAUHAN, LEARNED COUNSEL)

        AND

        THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION PS MIHONA (MADHYA
        PRADESH)

                                                            .....RESPONDENTS
        (BY SHRI PRAMOD PACHAURI, LEARNED PUBLIC PROSECUTOR
        )

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

The present petition under Section 482 of Code of Criminal Procedure

has assailed the order dated 09/04/2022 passed by Special Judge (NDPS Act) District- Bhind (M.P.) in MJCR No.136/2022, whereby the application under Sections 451/457 of Cr.P.C. has been dismissed.

The brief facts leading to filing of this case are that FIR was registered against the petitioner at Crime No.14/2022 by Police Station- Mihona, District- Bhind (M.P.) for the offences punishable under Sections 8/20 of NDPS Act stating therein that an information was received from the informer and on that

information, the police reached the spot and seized 1.9 kg Ganja from the possession of applicant in his vehicle Bolero bearing Registration Number- MP30-C-2248. Thereafter, the said vehicle Bolero was seized.

The petitioner being owner of the said vehicle Bolero filed an application under Section 451/457 of Cr.P.C. before the trial Court for releasing the vehicle Bolero on supurdginama which was dismissed vide order dated 9/4/2022.

Learned counsel for the petitioner submitted that he is the owner of the vehicle Bolero and the vehicle of petitioner is not involved in any offence. He is not involved in the case directly or indirectly and the vehicle. If it is kept locked, the engine and other parts of the said vehicle Bolero will be out of order and the

same will become useless. Learned counsel for the petitioner further submitted that there is no use of keeping the vehicle Bolero in police custody for years till the trial is over. Trial is not likely to conclude in near future and take long time.

In support of his submissions, learned counsel for the petitioner relied upon the judgment dated 03/08/2021 passed by the Division Bench of this Court in the batch of writ petitions leading case Writ Petition No.8613/2020 (Rajendra Singh Vs. State of M.P. & Ors.). In such circumstances, it would be just and proper to release the said vehicle Bolero of the petitioner.

On the other hand, learned State counsel opposed the prayer and submitted that the Court below has rightly rejected the application. He further submits that no palpable error on the face of record has been pointed out by learned counsel for the petitioner in the order impugned. The said vehicle would be required during the trial for describing the nature of the property in detail, therefore he prays for dismissal of the instant petition.

Heard learned counsel for the rival parties.

In view of the aforesaid, this Court is of the considered opinion that the

court below did not take into consideration that keeping vehicle and other items in the police station for a long period is of no use. The court below ought to have passed appropriate orders by taking appropriate bond and guarantee as well as security for return of the vehicle and other items.

Accordingly, impugned order dated 9/4/2022 passed in MJCR No.136/2022 by Special Judge (NDPS Ac), District Bhind is hereby set aside.

It is directed that on proving ownership of vehicle Bolero by the petitioner and furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) alongwith one solvent surety of the same amount to the satisfaction of the JMFC and CJM concerned, the aforesaid vehicle Bolero bearing Registration Number-MP30-C-2248 be released on Supurdginama, subject to following conditions :

(1) That, the petitioner shall produce the said vehicle Bolero before the trial Court as and when directed to do so;

(2) That, in the meantime, he shall not alienate the vehicle Bolero or make use of the same for any unlawful purpose;

(3) That, he shall not carry out any change in the colour and outward appearance of the said vehicle.

With the aforesaid directions, this petition under Section 482 of Cr.P.C.

stands allowed.

Certified copy/e-copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE (Dubey)

SUNEEL Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc66a5 e160f585aa7a92425f380d476b32818,

DUBEY pseudonym=046B231C591E29491F36ABD156EB F3A713937186, serialNumber=4009CAE962958E019ADDF04E87E FD5C07FA5D0C38532D550F61B55401A275B8C, cn=SUNEEL DUBEY Date: 2022.05.10 19:13:46 -07'00'