Jayprakash Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 6532 MP

                                                                         1
                                      IN     THE       HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                      HON'BLE SMT. JUSTICE ANJULI PALO
                                                             ON THE 24 th OF APRIL, 2023
                                                       CRIMINAL REVISION No. 448 of 2023

                                     BETWEEN:-
                                     JAYPRAKASH PANDEY S/O RAMNATH PANDEY, AGED
                                     ABOUT   42   YEARS, OCCUPATION: PRIVATE JOB
                                     VILLAGE    BIRGAPUR    P.S. UTRAO,   DISTRICT
                                     PRAYAGRAJ (UTTAR PRADESH)

                                                                                                        .....APPLICANT
                                     (BY SHRI PUSHPENDRA DUBEY- ADVOCATE )

                                     AND
                                     THE STATE OF MADHYA PRADESH POLICE STATION
                                     SOHAGI DISTRICT REWA (MADHYA PRADESH)

                                                                                                      .....RESPONDENT
                                     (BY SHRI SACHINDRA RAGHUVANSHI, PANEL LAWYER)

                                           This revision coming on for orders on admission this day, th e court
                                     passed the following:
                                                                          ORDER

Though this matter is listed today for orders on admission, however, with

the consent of learned counsel for the parties the matter is heard finally.

This revision under section 397/401 of the Code of Criminal Procedure has been filed by the applicant against order dated 23.8.2022 passed by Special Judge (NDPS Act), Rewa in MJCR No.1941/2022 whereby his application for release of vehicle has been dismissed.

Signature Not Verified As per prosecution case, vehicle (Tata-S) bearing No.UP-70/GT-2897 SAN

Digitally signed by RAJESH MAMTANI has been seized for illegal transportation of 4800 bottles of Cough Syrup Date: 2023.04.26 12:50:40 IST

containing Codeine Phosphate as a result of which Crime No.263/2020 has

been registered at Police Station, Sohagi, District Rewa for offences under sections 8, 21 & 22 of NDPS Act and section 5/13 of M.P. Drug Control Act.

The applicant filed an application under section 457 of Cr.P.C. for release of vehicle in question on 'Supradnama' in his favour. The court below vide impugned order dismissed the application.

Learned counsel for the applicant challenged the impugned order on the ground that the applicant had given the vehicle on rent. The applicant is registered owner of the vehicle in question. The vehicle can be released in the light of judgment in the case of Sunder Bhai Ambala Vs. State of Gujarat, AIR 2003 SC 638. Section 63 of NDPS Act provides that until trial is over, the

confiscation proceeding cannot be initiated. No purpose would be served in keeping the vehicle at Police Station. It is in custody since 08.10.2020. The impugned order has been passed without properly appreciating the material available on record.

Learned Panel Lawyer has strongly opposed the prayer for released of vehicle on 'supradnama' and submitted that order passed by the court below is just and proper.

Heard learned counsel for the parties and perused the record. Vide covering memo dated 11.4.2023 the applicant has filed registration certificate of Vehcile No.UP-70/GT-2897, which was seized during commission of aforesaid crime. Considering the other facts and circumstances of the case and taking into account that trial is going on and disposal of trial would take considerable time, and appreciating that if the vehicle is allowed to be kept unsafe and unused at Signature Not Verified SAN the Police Station, the same may get deteriorated day by day, this Court finds Digitally signed by RAJESH MAMTANI Date: 2023.04.26 12:50:40 IST that interim custody of the vehicle can be given on supradnama. Accordingly, it

is directed that the vehicle in question (UP-70/GT-2897) be delivered to the applicant on 'supradnama' on the following terms and conditions:-

(a) The petitioner will produce the registration certificate as well as insurance certificate before the trial Court and after verification photocopies of the same be kept on record;

(b) The applicant will furnish a bond ('suprudignama') of Rs.3,00,000/- [Rupees Three Lacs] 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;

(c ) The applicant will not transfer/sale/alienate or create third party interest in respect of vehicle in question;

(d) The applicant will not change the colour or machinery of the vehicle in question except for keeping it in running condition;

(e) The applicant will produce the vehicle as and and when required by the trial Court during the trial till disposal of the criminal case as well as by the confiscating authority till final disposal of the confiscation proceeding pending, if any.

(f) The applicant shall not allow the vehicle to be used for any anti social activities. It shall not again involve in the same kind of offence;

(g) In the event of consfication order by the Court competent, the

applicant shall keep the vehicle present positively for confiscation.

Accordingly, the revision is disposed of.

A copy of this order be sent to the trial Court for necessary compliance. Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.04.26 12:50:40 IST

(SMT. ANJULI PALO)

JUDGE RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.04.26 12:50:40 IST