Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6755 MP

                                                                1
                           IN       THE       HIGH       COURT OF MADHYA                        PRADESH
                                                           AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 26 th OF APRIL, 2023
                                              CRIMINAL REVISION No. 1075 of 2023

                           BETWEEN:-
                           MUKESH S/O HARFUL JAT, AGED ABOUT 32 YEARS,
                           OCCUPATION: BUSINESS R/O GRAM THIKOLA
                           BHILWADA (RAJASTHAN)

                                                                                               .....APPLICANT
                           (SHRI CHANDRA PRAKASH PUROHIT - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION CHAINPUR,
                           DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                            (SMT.BHAGYASHREE GUPTA - GOVERNMENT ADVOCATE)

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

This revision petition is filed under section 397/401 of the Cr.P.C against the order dated 27.02.2023 passed by First Additional Sessions Judge,

Bhikangaon, District Mandleshwar, whereby, the application under section 451 of the Cr.P.C for custody of vehicle truck Ashok Leyland bearing registration no.RJ-06-GD-0163 is rejected.

2. Learned counsel for the applicant submits that the aforesaid vehicle has been seized by the police in crime no.443/2022 registered at police station Chainpur under section 4,6,9 of Govansh Pratished Adhiniyam and section 420, 467, 468, 471 of IPC. It is alleged that the said vehicle was being used in the commission of the aforesaid offence by changing the number plate. Signature Not Verified Signed by: SOURABH YADAV Signing time: 26/04/2023 6:46:06 PM

3. Learned counsel for the applicant submits that the applicant is not an accused in the said case. He is the owner of the vehicle and he is ready to comply with the condition imposed by this Court. It is further submitted that the cost of vehicle is approximately Rs.20,00,000/-.

4. It is further submitted that the law relating to release of the vehicle on interim custody in respect of the similar case has already been decided in various judgments. To bolster his submissions, he placed reliance on the judgment passed by the co-ordinate bench of this Court in the case of Raees Vs. State of MP reported in 2013(5) MPHT 233, in which it is held that while confiscation proceedings was going on, the vehicle can be handed over on

interim custody under section 451 of the Cr.P.C. He further places reliance on the judgment passed by the Apex Court of full bench of this Court in Madhukar Rao Vs. State of MP reported in 2000(1) JLJ 304 and also the judgment passed by the Apex Court in the case of State of MP and Ors Vs. Madhukar Rao reported in 2008(1) JLJ 427, wherein it has been held that when the trial court did not find the accused guilty of alleged offence under the Act, the confiscation of the property is not possible.

5. He further submits that after considering the provisions of MP Govansh Vadh Pratished Adhiniyam and Rules framed therein of 2012, the co-ordinate bench of this court in the case of Sarvan and Anr Vs. State of MP passed in M.Cr.C No.593/2015 dated 24.08.2015 held that during the pendency of the trial, the vehicle in question can be released on interim custody to the applicant.

6. After hearing learned counsel for the parties and taking into consideration the various judgments passed by this court and in the case of Raees (supra) and Sarwan (supra), I am of the view that the present application deserves to be

Signature Not Verified Signed by: SOURABH YADAV Signing time: 26/04/2023 6:46:06 PM

allowed with the following conditions:-

1. The applicant shall file a copy of the registration card to establish that he is the registered owner of the vehicle in question and the trial court shall verify the same and if the applicant is the registered owner of the vehicle, the same shall be released on interim custody to the applicant on Superdagi to the tune of Rs.20,00,000/- to the satisfaction of the concerned magistrate.

2. He will furnish an undertaking that he will not alienate or transfer the vehicle during the pendency of the trial or till the confiscation proceedings are completed.

3. He will not commit any crime under the provisions of MP Govansh Vadh Pratished Adhiniyam, 2004 till the matter is decided.

4. He shall not change its appearance, colour etc and he shall produce the vehicle whenever is directed by the Criminal Court or by the Magistrate as the case may be.

7. Breach of the condition would entails cancelation of the interim custody automatically.

With the aforesaid observation and direction the present application stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 26/04/2023 6:46:06 PM