Madhya Pradesh High Court
Vikas Throgh Mukhtiyaram ... vs State Of M.P. on 28 February, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 28 th OF FEBRUARY, 2024
CRIMINAL REVISION No. 16 of 2022
BETWEEN:-
VIKAS THROGH MUKHTIYARAM KAILASHCHANDRA
NAGAR S/O BASANTILAL JI, AGED ABOUT 65 YEARS,
GRAM KHACHRODA, TEHSIL BADNAWAR, DISTRICTH
DHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JITENDRA SHARMA - ADVOCATE)
AND
STATE OF M.P. THROUGH NCB, (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AAYUSH AGRAWAL - ADVOCATE ON BEHALF OF SHRI MANOJ
SONI - ADVOCATE)
This revision coming on for admission this day, th e court passed the
following:
ORDER
The present revision is filed u/S.397/401 of Cr.P.C against the order
dated 1.12.2021 passed by SPASJ (NDPS) Act by which the application filed
on behalf of the applicant u/Ss.451, 457 of Cr.P.C for release of the vehicle has
been rejected.
2. Admittedly, the applicant is an accused of Crime No.11/2021
registered for commission of offence u/S.8/20((b)(c)(ii)/25/27(a) read with
Sec.29 of NDPS Act. It is alleged that 47.455 kg of ganja has been recovered
from the railway station which was meant to be transported by the vehicle in
question by the applicant. The application is filed by the father of the applicant
on the basis of power of attorney executed in his favour. The applicant who is
registered owner is in jail.
3. Counsel for State opposed the prayer and submits that in the
statement of co-accused Sanjay and present applicant u/S.67 of the NDPS Act
it has been stated that the vehicle in question was being used for commission of
offence under NDPS on many occasions.
4. Counsel for applicant submits that no purpose would be served
keeping the vehicle at police station as the trial may take long time. In support
of his submission he placed reliance on the judgment passed in the case of
Surendra Dhakad Vs. State of MP 2022(2)MPLJ(Cri)414 and also order
passed by co-ordinate bench dated 31.8.2021 in Cr.R. No.1911/2021 Mala
Thakur Vs. State of MP.
5. After hearing learned counsel for parties and taking into consideration
that the applicant who is registered owner of the vehicle is in jail and the
custody of the vehicle has been sought by the father of the applicant who is
aged about 65 years old and need of the vehicle by the father of the applicant is
not established and further from the statement of the applicant and the co-
accused u/S.67 Cr.P.C, it is revealed that the vehicle in question was used for
commission of offence under NDPS on many occasions. Thus, there is all
possibility that if the vehicle is released on custody the same may be used for
commission of offence. Considering the same, this court does not find any
error in the order passed by the trial court rejecting the application u/Ss.451,
457 of Cr.P.C. The judgment relied by the counsel for applicant would not
render any assistance to the facts of the present case because in the present
case, the accused persons have stated in statement that the vehicle in question
was oftenly used for commission of offence under NDPS Act.
6. The revision petition is accordingly dismissed.
(VIJAY KUMAR SHUKLA)
JUDGE
VM
