Madhya Pradesh High Court
Sbi General Insurance Company Limited ... vs The State Of Madhya Pradesh on 1 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:8681
1 MCRC-14206-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 1 st OF APRIL, 2025
MISC. CRIMINAL CASE No. 14206 of 2025
SBI GENERAL INSURANCE COMPANY LIMITED THROUGH POA
HOLDER DEEPAK KUMAR KANOJIA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Kuldeep Dashora - advocate for the applicant.
Ms. Neelu Khetra - Dy. GA for the State.
ORDER
The present petition under Section 528 of BNSS, 2023 / 482 of
Cr.P.C. has been filed for revocation of conditions of impugned order for
interim custody of vehicle bearing registration number UP-78-FH-0500 and
modification of order dated 25.02.2025 passed by learned Special Judge,
N.D.P.S., Act Javad, District- Neemuch (M.P.)
2. Brief fact of the case is as under:-
That, applicant is power of attorney holder of SBI General Insurance
Company limited and moved an application before learned special court
NDPS, Jawad, District- Neemuch (M.P) under section 497 and 503 of BNSS.
2023 for the interim custody of Vehicle bearing registration number UP-78-
FH0500. (Engine Number 1GDA209553 and Chassis number
MBJGA3GS200380603) which stands registered on the name of one Gourav
S/o Ajay Trivedi and same was insured with the applicant/insurance
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company. The said vehicle was stolen by unknown person and a First
information report was lodged in Police Station Chakeri, District Eastern
Commissionerate, Kanpur Nagar vide crime number 0494/2023 and on this
basis letter of subrogation was issued in favour of insurance company after
payment of insurance amount to the insured owner of the vehicle. The above
mentioned vehicle was seized by the Police Station- Singoli, District -
Neemuch (M.P) in crime number 73/2024 for the offences punishable under
8/15 of NDPS Act on 30.04.2024.
3. Learned counsel for the petitioner while praying for interim custody
of the subject vehicle submits that the petitioner is the registered owner of
the vehicle in question and further submits that when the insurance company
came to know about the vehicle they moved an application under section 497
and 503 of BNSS before learned trial court for the interim custody of
aforesaid vehicle and same was registered as MIC R/07/2025 and learned
trial court after considering all the aspects allowed the application for the
interim custody of the vehicle on 25.02.2025 imposing three stringent and
unwarranted conditions on the applicant/company which reads as.
"Firstly, Applicant has to make a fixed
deposit of Rs. 5 lakhs in the post office or
any nationalised bank till the final disposal of
the case. Secondly, applicant has to give
security of RS. 5 lakhs and thirdly, applicant
also needs to give a supurdginama of Rs. 5
Lakhs in order to get interim custody of
vehicle"
4. The learned counsel for the petitioner has relied upon the judgment
rendered in the case of Sunderbhai Ambalal Desai vs. State of Gujarat,
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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. He has also placed
reliance on order passed by this Court in the case of Nirmal Singh V/s. State
of M.P. (CRR No.4669/2019 decided on 17.12.2019) in which, in the similar
facts and circumstances, this Court has directed to release the vehicle on
'Supurdiginama'.
4 . Per contra, learned Govt. Advocate opposes the petition and
supports the impugned order.
5. Considering the facts and circumstances of the case, this court is of
the view that the petition is partly allowed and the conditions of order dated
25.02.2025 passed by learned Special Judge, N.D.P.S., Act Javad, District-
Neemuch (M.P.) is hereby modified and vehicle bearing vehicle bearing
registration number UP-78-FH-0500 is ordered to be on 'supurdaginama' in
favour of the petitioner till completion of the trial on the following
conditions:-
(a) the petitioner shall furnish a Fixed Deposit of
Rs.4 lakhs (Rupees Four lakhs only) in the post office
or any nationalised bank and a solvent surety of
Rs.6,00,000/- (Rupees Six lakhs only) to the
satisfaction of the trial court undertaking to produce the
vehicle aforesaid in the Court as and when required to
do so and also applicant also needs to give a
supurdginama of Rs. 5 Lakhs (Rupees Five Lacs Only)
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in order to get interim custody of vehicle.
(b) the petitioner shall get the vehicle aforesaid
photographed showing the registration number as well
as the chassis number. Such photograph shall be taken
in the presence of the Investigating Officer, to be kept
on the file of the case.
(c) the 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.
(d) the petitioner will not allow the vehicle
aforesaid to be used for any antisocial activities
including for the purpose of carrying narcotics or illicit
liquor which may constitute offence under the NDPS,
Act or Excise Act.
(e) before releasing the vehicle the trial court
shall verify the original documents of the vehicle.
Certified copy as per Rules.
(PREM NARAYAN SINGH)
JUDGE
ajit
