Ishwar Singh Power Of Attorney Mehmood vs The State Of Madhya Pradesh
2024 Latest Caselaw 4151 MP

Madhya Pradesh High Court

Ishwar Singh Power Of Attorney Mehmood vs The State Of Madhya Pradesh on 13 February, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                              ON THE 13 th OF FEBRUARY, 2024
                                           MISC. CRIMINAL CASE No. 3171 of 2024

                           BETWEEN:-
                           ISHWAR SINGH POWER OF ATTORNEY MEHMOOD S/O
                           YUSUF KHAN, AGED ABOUT 35 YEARS, OCCUPATION:
                           AGRICULTURIST VILLAGE PIPLON, DISTRICT AGAR
                           MALWA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI HARSHVARDHAN PATHAK - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH STATION
                                 HOUSE OFFICER THROUGH POLICE STATION
                                 AGAR, DISTRICT AGAR MALWA (MADHYA
                                 PRADESH)

                           2.    STATE      OF     M.P.  THROUGH         DISTRICT
                                 M A G I S T R AT E AGAR   MALWA         (MADHYA
                                 PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI MUKESH SHARMA - G.A./P.L.)

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

This petition is filed under Section 482 of the Cr.P.C. against the order dated 08.11.2023 passed by First Additional District and Sessions Judge, Agar (Malwa) in Criminal Revision No.20 of 2023 in Crime no.606 of 2023 registered at Police Station Agar, District Agar Malwa, whereby the learned Judge has dismissed the revision filed by the petitioner for interim custody of vehicle

thereby confirming the order dated 09.10.2023 passed by J.M.F.C., Agar in the

aforesaid crime number wherein the learned Judge of the trial Court has dismissed the the application filed under section 457 of the Cr.P.C for custody of pickup vehicle bearing registration no.MP-13-L-4936.

2. Counsel for the petitioner submits that the aforesaid vehicle has been seized by the police on 14.09.2023 in crime no.606/2023 registered at police station Agar, District Agar Malwa under Sections 4,6,9 of Govansh Pratished Adhiniyam, 2004 and Section 11 (1) (gha) of the Prevention of Cruelty to Animals Act, 1960. It is alleged that the said vehicle was being used in the commission of the aforesaid offence.

3. Counsel for the petitioner submits that the petitioner 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.7,00,000/-.

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 has placed reliance on the judgment passed by the co-ordinate bench of this Court in the case o f 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 petitioner.

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 petition deserves to be allowed with the following conditions:-

"1. The petitioner 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 petitioner is the registered owner of the vehicle, the same shall be released on interim custody to the petitioner on Superdagi to the tune of Rs.7,00,000/- 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 conditions would entails cancellation of the interim

custody automatically.

8. With the aforesaid observations and directions the present petition stands disposed of.

(SUBODH ABHYANKAR) JUDGE

Pankaj