Devendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 15500 MP

                                                                       1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                         HON'BLE SHRI JUSTICE SUJOY PAUL
                                                           ON THE 24th OF NOVEMBER, 2022

                                                    CRIMINAL REVISION No. 3609 of 2021

                                            BETWEEN:-
                                            DEVENDRA S/O KHUSHILAL RAJAK, AGED
                                            ABOUT 39 YEARS, OCCUPATION: BUSINESS
                                            GRAM BHOPATPUR TEHSIL AND P.S. UDAYPUR
                                            DISTT. RAISEN (MADHYA PRADESH)

                                                                                                   .....PETITIONER
                                            (BY SHRI NARENDRA NIKHARE, ADVOCATE)

                                            AND
                                            THE STATE OF MADHYA PRADESH THR. P.S.
                                            UDAYPURA RAISEN (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                            (BY SHRI A.S. BAGHEL, GOVERNMENT ADVOCATE FOR THE
                                            RESPONDENT/STATE)

                                          T h is revision coming for admission this day, t h e cou rt passed the
                                    following:
                                                                        ORDER

With the consent of the parties finally heard.

This revision filed under Section 397/401 of Cr.P.C., questions the order dated 16.12.2021 whereby an application filed by the applicant under Section 451/457 of Cr.P.C. for "Supurdgi" of Alto Car MP04-CW 2507 was declined by the Court below solely on the ground that it is yet to be established whether the said car was being used in commission of crime by the applicant having knowledge by the applicant about NDPS Act. Signature Not Verified SAN

Learned counsel for the applicant has placed reliance on Yadwinder Digitally signed by NITESH PANDEY

Singh Vs. State of Madhya Pradesh and others, 2011 (4) MPHT 171 and Date: 2022.11.25 12:29:00 IST

urged that in the light of the judgment of this Court, Court below has committed an error in declining the 'Supurdgi' of the vehicle.

Shri A.S. Baghel, learned Government Advocate has opposed the said prayer but did not dispute that judgment of this Court in Yadwinder Singh (supra) covers the point.

In Yadwinder Singh, this Court opined as under:-

"13. As already noticed above, in the present case, the interim custody of the vehicle is sought not by the registered owner but by the Power of Attorney holder on hi behalf. Further, the vehicle has not been kept in secured place. It is lying is an open place at police station and as such there is every danger of it being damaged by vagaries of weather. It is further submitted by the learned Counsel for the petitioner that the vehicle in the commission of offence was not used either with the knowledge or connivance of the registered owner and further all reasonable precautions against such use were taken. Thus, in view of the above, the order of the learned Trial Court denying the interim custody to the petitioner is not sustainable in law and the same deserves to be set aside and is hereby set aside.

14. Keeping in view the fact that the property seized is subject to speedy and natural decay and further in the light of the decision in the case of Ganga Hire Purchase (supra), it is directed that the truck No.HR-37A-4616 shall be delivered to the petitioner on Supurdginama, subject to his procducing the original registration certificate and permit and further on satisfying the following conditions:-

"(i) That, instead of the petitioner, the registered owner shall furnish a personal bond in the sum of Rs.10,00,000/- (Rupees Ten Lacs only) with two sureties of Rs. 5,00,000/- (Rupees Five lacs only) each to the satisfaction of the Trial Court on undertaking to produce the truck in the Court as and when required;

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.11.25 12:29:00 IST (ii) That the petitioner shall get the truck 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.

(iii) That the personal bond of the registered owner and bonds of sureties shall carry the photographs of the owner and his sureties and the bond of sureties shall further carry the photographs of persons identifying them before the Court which would be with with full residential proofs of the sureties and the persons identifying them.

(iv) The registered owner shall undertake not to transfer the ownership of the truck and not to lease it to any one and not to make or allow any changes in it to be made so as to make identifiable.

(v) The registered owner will not allow the truck to be used for any anti-social activities including for the purpose of carrying narcotics which may constitute offender under the NDPS Act.

(vi) In the event of confiscation order by the Court competent, the registered owner either shall keep the vehicle present positively for confiscation or shall deposit the face value of the vehicle on the date of releasing the vehicle by the Court."

In the light of this judgment, there is no scintilla of doubt that Court below has committed an error in declining 'Supurdgi' of the car. Resultantly impugned order dated 16.12.2021 is set aside. The Court below, subject to verifying the original registration certificate and ownership of present applicant shall provide the vehicle on 'Supurdgi' on following conditions:-

(i) Applicant, the registered owner shall furnish a personal bond in the sum of Rs.2,00,000/- (Rs. Two lacs only) with two sureties each of same amount to the satisfaction of the trial Court on undertaking to produce the Car in the Court as and when required;

Signature Not Verified SAN

(ii) The applicant shall get the Car photographed showing the registration Digitally signed by NITESH PANDEY Date: 2022.11.25 12:29:00 IST

number as well as the chassis number and shall produce those photographs in

the file. Photographs shall be taken in the presence of Investigating Officer.

(iii) The personal bond of the registered owner and bonds of sureties shall carry the photographs as owner and his sureties and the bond of sureties shall further carry the photographs of persons identifying the applicant. The Court shall satisfy itself about residential proof of the sureties and the persons identifying them.

(iv) The registered owner/applicant shall undertake not to transfer the ownership of the Car and not to lease it to any one and not to make or allow any changes in the car so as to make it unidentifiable.

(v) The applicant shall not permit the car to be used in any anti-social activities including for the purpose of carrying narcotics etc. ( v i ) In the event of confiscation order by the competent Court, the applicant shall keep the vehicle available for confiscation.

With the aforesaid conditions, this revision is disposed of.

(SUJOY PAUL) JUDGE Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.11.25 12:29:00 IST