Mohammed Zafer Ahmed vs The State Of Madhya Pradesh
2023 Latest Caselaw 20493 MP

Madhya Pradesh High Court

Mohammed Zafer Ahmed vs The State Of Madhya Pradesh on 5 December, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 5 th OF DECEMBER, 2023
                                           CRIMINAL REVISION No. 766 of 2023

                          BETWEEN:-
                          MOHAMMED ZAFER AHMED S/O SHRI MOHD.
                          SHAFEEK AHMED, AGED ABOUT 65 YEARS,
                          OCCUPATION: BUSINESS R/O H.NO. 252 NEW
                          MEHRAULI, TELIARGANJ, DISTRICT PRAYAGRAJ
                          (UTTAR PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI SHAMIM AHMED KHAN - ADVOCATE)

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

                                                                                      .....RESPONDENT
                          (BY SHRI Y.D. YADAV - GOVT. ADVOCATE )

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

Applicant has filed this application under Section 397/401 of Code of Criminal Procedure for release of his vehicle on Supurdginama.

2. Learned counsel appearing for applicant submitted that applicant is owner of the vehicle in question. He has given the vehicle on lease to Shanu Tour's and Travels Company. It is submitted that vehicle was under the custody of said travels company. While vehicle was under custody of said firm/company, it has been misused by the person who was in possession and was used for transporting contraband. Applicant is a retired Central

Government servant and he has no role in the crime. Further reliance is placed on documents which has been filed by applicant i.e. order-sheet of the trial Court dated 31.05.2023 by which applicant has been discharged from said crime number. It has been held by the trial Court that no case is made out against the applicant and neither there is any evidence against him. In these circumstances, counsel appearing for applicant prays for release of vehicle to him being owner. Applicant has placed Certificate of Registration Form No.23 on record. Said certificate shows that petitioner is owner of the vehicle in question. Since release of vehicle will also decide the rights of a party to have custody of vehicle, therefore, revision in this case is held to be maintainable

against the said order.

3. Government Advocate appearing for the State opposed the application and submitted that vehicle was involved in transportation of contraband substance. Vehicle may not be released. It will set a bad example for others and crime under NDPS Act may not be curved.

4. Heard the counsel for the parties.

5. Applicant has been discharged from Crime No.241/2022 registered at Police Station Sohagi, District Rewa. Document i.e. Annexure-A/7 reflects that the applicant is owner of the vehicle in question. If vehicle is allowed to remain unattended at police station then same may be subject to damage beyond repairs. In these circumstances, application is a llo w e d on following conditions:-

(i) Trial Court will examine the documents filed by the applicant and if it is found that the applicant is owner of the vehicle in question, then same shall be returned to him.

(ii) Applicant will maintain the vehicle in same condition and will not change it's color or body.

(iii) Applicant will produce the vehicle before trial Court as and when required.

(iv) Applicant will not create any third party interest over the vehicle in question neither obtain any loan or any other valuables for the said vehicle during the course of the trial.

(v) Trial Court will pass final order in respect of disposal of property at the time of passing of final judgment.

(iv) Applicant will furnish security for obtaining the vehicle in question on Supurdginama for sum of Rs.4,00,000/- before trial Court.

6. With aforesaid directions, criminal revision is disposed off.

7. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE sp/-