Chandrashekhar Prasad Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 19310 MP

Madhya Pradesh High Court

Chandrashekhar Prasad Saket vs The State Of Madhya Pradesh on 21 November, 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 21 st OF NOVEMBER, 2023
                                           MISC. CRIMINAL CASE No. 26202 of 2023

                           BETWEEN:-
                           CHANDRASHEKHAR PRASAD SAKET S/O SHRI SULARE
                           SAKET, AGED ABOUT 62 YEARS, OCCUPATION: RE
                           RESIDENT OF VILLAGE BEEDA POLICE STATION
                           SEMARIYA DISTRICT REWA (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI ARUNODAYA SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION HOUSE OFFICER POLICE STATION CIVIL
                           LINES DISTRICT REWA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI NARENDRA CHOURASIYA- GOVT. ADVOCATE )

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

Petitioner has filed this petition under section 482 CrPC for quashing order dated 24.12.2019 passed by Special Judge, NDPS Act, Rewa in Crime No.1272/2019.

2. By impugned order, trial Court refused to release the vehicle on Supurdginama. Trial Court held that other accused in the case are absconding. Vehicle was used for transportation of drugs. Investigation is incomplete. In these circumstances, vehicle cannot be released on Supurdginama.

3. Counsel for petitioner submitted that if vehicle is not released on

Supurdginama, then same will be damaged. He relied on judgment passed by Apex Court in the case of (2002) 10 SCC 290 [Sunderbhai Ambalal Vs. State of Gujarat]. It is submitted that in said case, directions have been issued to release the vehicle on Supurdginama, which has been seized in various crimes. It is submitted that now investigation is complete and charge-sheet has also been filed. Petitioner is not accused in the case and his motor cycle has been used by his son namely Dileep in transportation. If vehicle is released on Supurdginama, then petitioner will maintain the vehicle in the same condition and will see to it that vehicle is not used again for transportation of any narcotic substance. In these circumstances, he prays for vehicle i.e. Hero Honda

Splendor Plus bearing Registration No.MP/17/MP/9114 on Supurdginama.

4. Govt. Advocate appearing for State opposed the petition for release of vehicle on Supurdginama. It is submitted that Section 60(b) provides for confiscation of vehicle unless owner proves that vehicle was so used without the knowledge or connivance of owner. It is submitted that burden of proof is on the petitioner to show that vehicle was used without his knowledge. Considering the stringent provisions of NDPS Act and the fact that vehicle may again be used for committing offence under the NDPS Act, petition filed for release of vehicle may be dismissed.

5. Heard learned counsel for parties.

6. Decision to confiscate the vehicle is to be taken by the Court after giving opportunity of hearing to the owner to show that he does not have any knowledge about use of vehicle for committing offence under the NDPS Act. Proving of said fact will take time. In this case, offence is said to have occurred on November, 2019. Trial has not been concluded till 2023 and vehicle has also not been confiscated. Conclusion of trial may also take some more time. If

vehicle is allowed to stand at Police Station, same will be become junk. Considering aforesaid facts, it is clear that conclusion of trial may take further time and vehicle will turn into a junk.

7. In these circumstances, petition under section 482 CrPC is allowed. Order dated 24.12.2019 passed by Special Judge, NDPS Act, Rewa in Crime No.1272/2019 is set aside.

8. Vehicle in question i.e. Hero Honda Splendor Plus bearing Registration No.MP/17/MP/9114 be released on supurdginama by the trial court in favour of petitioner on his furnishing surety and security and on condition of maintaining the vehicle in it's present condition and to produce the same before the trial court as and when required. Trial Court is at liberty to pass final order regarding disposal of said vehicle at the time of final judgment.

9. This petition stands allowed and disposed off.

(VISHAL DHAGAT) JUDGE nd