Ramhet vs The State Of Madhya Pradesh
2023 Latest Caselaw 5213 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                             ON THE 29 th OF MARCH, 2023
                                        CRIMINAL REVISION No. 3386 of 2022

                         BETWEEN:-
                         RAMHET S/O SHRI RAMNARAYAN, AGED ABOUT 33
                         YEARS, OCCUPATION: AGRICULTURIST RESIDENT OF
                         VILLAGE   ARJUNPURA     DISTRICT   JHALAVAD
                         (RAJASTHAN)

                                                                                    .....PETITIONER
                         (SHRI NAVAL KISHORE CHATURVEDI, LEARNED COUNSEL FOR THE
                         PETITIONER)

                         AND
                         THE STATE OF MADHYA PRADESH INCHARGE POLICE
                         STATION THROUGH POLICE STATION CHACHODA
                         DISTT GUNA (MADHYA PRADESH)

                                                                                  .....RESPONDENT
                         (SHRI V.P. SINGH TOMAR- LEARNED COUNSEL FOR THE RESPONDENT-
                         STATE)

                               Th is revision coming on for hearing this day, th e court passed the
                         following:
                                                          ORDER

T he petitioner has preferred this revision under Section 482 of CrPC against the order dated 14-07-2022 passed by learned Special Judge (NDPS Act), Guna pertaining to FIR No.61 of 2022 registered at Police Station Chachoda, District Guna for offence under Section 8 read with Section 21 of NDPS Act whereby the prayer to release the seized motorcycle (hereinafter referred to as ''the vehicle in question'' for short) bearing registration no.RJ17ST 2110 on interim custody in favour of present petitioner has been Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/1/2023 1:04:01 PM

rejected and the application filed by petitioner under Section 451/457 of CrPC has been rejected.

As per prosecution story, on 09-02-2022 on getting an information from a n informer, police party on searching, found 30 grams and 20 grams of smacks respectively from possession of present petitioner and other co- accused Shrimohan Meena, which were carrying a motorcycle bearing registration no.RJ17 ST 2110 On the basis of which, the aforesaid crime has been registered. During investigation, the police found that the petitioner was the owner of the said vehicle. The Court below has rejected the application filed under Section 451/457 of CrPC by petitioner seeking interim custody of subject

vehicle on the ground of severity of offence and possessing narcotic substance.

Heard learned counsel for the parties and perused the material available on record as well as the order impugned.

Learned counsel for the petitioner while praying for interim custody of vehicle in question submits that petitioner is registered owner of vehicle in question and therefore, he is entitled for interim custody of vehicle in question. The learned counsel for the petitioner has relied upon the judgment rendered in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 283 to contend that the Supreme Court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

Per contra, learned Counsel for the State while supporting the impugned order passed by the Court below, prays for rejection of this petition.

Having heard the rival submissions and perusal of record, in the considered opinion of this Court, the interim custody of vehicle in question alleged to be used in committing offence of NDPS Act cannot be denied on the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/1/2023 1:04:01 PM

ground of severity of offence. It is also settled legal proposition of law that interim custody of vehicle cannot be denied on the ground that it is liable to be confiscated in case offence is proved against accused. As per prosecution story, petitioner is the registered owner of the vehicle in question.

Keeping in kind the judgment of the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai (supra), there is no reason to deny interim custody of vehicle to the owner or person entitled to get possession of vehicle. If the vehicle is allowed to be kept in the police station for an indefinite period, then value of vehicle shall be diminished substantially and it may not remain in usable condition. In the above circumstances, the prayer of petitioner deserves to be allowed.

Consequently, the revision is allowed. The impugned order passed by Court below is set aside and vehicle bearing registration no. RJ17 ST 2110 is ordered to be released on interim custody in favour of petitioner till completion of trial on the following conditions:-

(1) Petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) along with one surety of like amount to the satisfaction of Court below with an undertaking to produce vehicle aforesaid in the Court as and when required to do so.

( 2 ) Petitioner shall get vehicle aforesaid photographed showing

registration number as well as chassis number. Such photograph shall be taken in the presence of IO to be kept on the file of case.

(3) Petitioner shall undertake not to transfer the ownership of the vehicle aforesaid and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/1/2023 1:04:01 PM

(4) Petitioner will not allow vehicle aforesaid to be used for any antisocial activities including for the purpose of carrying narcotics which may constitute offence under the NDPS Act.

(5) Before releasing the aforesaid vehicle, the Court below shall verify the original documents of it.

Cc as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/1/2023 1:04:01 PM