Pannalal vs The State Of Madhya Pradesh
2023 Latest Caselaw 4485 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 21 st OF MARCH, 2023
                                        MISC. CRIMINAL CASE No. 58624 of 2022

                          BETWEEN:-
                          PANNALAL S/O LATE SHRI SHYAMLAL, AGED ABOUT 63
                          YEARS, OCCUPATION: EX GOVERNMENT EMPLOYEE,
                          R/O WARD NO. 3, BEHIND KENDRIYE VIDYALAY,
                          RAILWAY      COLONY,      DISTRICT     KORIYA
                          (CHHATTISGARH)

                                                                                       .....PETITIONER
                          (BY SHRI NITYA NAND MISHRA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KOTMA, DISTRICT ANUPPUR (MADHYA
                          PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI A.S. PATHAK - GOVERNMENT ADVOCATE)

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

Petitioner has filed this petition under Section 482 of Cr.P.C. for quashing of order dated 18.04.2022 passed by Special Judge (N.D.P.S. Act), Anuppur in M.J.C. No.47/2022.

2. Petitioner had filed an application for release of his vehicle on Supurdginama and same has been dismissed by Magistrate. Learned Magistrate in its order dated 18.04.2022 has mentioned that vehicle No.CG-16-CM-5237 was carrying 1.90 quintal Ganja which was intercepted by police and thereafter Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 3/23/2023 3:48:27 PM

vehicle was seized.

3. Counsel appearing for petitioner submitted that vehicle was given to driver Amit Yadav as he needed the vehicle in emergency for medical treatment of his mother, but he used the vehicle for transportation of Ganja without any knowledge of petitioner. Petitioner is a retired employee and from his retiral dues he had purchased the vehicle in question. It is submitted that petitioner is an old man aged about 63 years with no criminal record. There is no possibility that vehicle may be used again for transportation of contraband articles. Counsel for petitioner further argued that there was no evidence or reason with Magistrate to record a finding that vehicle can again be used for transportation

of Ganja. It is submitted that vehicle may be damaged in police custody and in view of judgment passed by Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 (SC) Page No.683 petitioner's vehicle be released on Supurdginama.

4. Government Advocate appearing for State opposed the application and it is submitted by him that huge quantity of Ganja is being carried in the vehicle in question. Learned Magistrate has rightly held that there is possibility that vehicle may be used again for purpose of transportation of Ganja. In these circumstances, no error can be found in the order passed by Special Judge (NDPS Act) Anuppur and prayer is made for dismissal of this petition.

5. Heard learned counsel for parties.

6. Petitioner is a old man aged about 63 years and he was employee of Railways. Petitioner has also filed a complaint with police on 22.03.2022 a day before occurring of the incidence that his driver has not returned with his vehicle. Aforesaid circumstances show the bonafide of petitioner and also the possibility that there is little chance that vehicle can again be used for Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 3/23/2023 3:48:27 PM

transportation of contraband. Magistrate has not given reference to any evidence why there is possibility that vehicle can be used again for transportation of Ganja.

7. Considering the aforesaid facts and circumstances of the case, petition filed under Section 482 of Cr.P.C is disposed off. Order dated 18.04.2022 is quashed. Petitioner may file fresh application for release of his vehicle on Supurdginama on the basis of documents showing ownership of vehicle. Trial Court shall verify the documents filed by petitioner and if it is found that petitioner is owner of vehicle in question, then the same shall be released in his favour on Supurdginama on his furnishing a security for releasing of vehicle of value which may be equivalent to the value of vehicle in question.

8. In view of aforesaid, miscellaneous criminal case is disposed off.

9. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 3/23/2023 3:48:27 PM