Madhya Pradesh High Court
Dinesh Kumar vs The State Of Madhya Pradesh on 18 February, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 18th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 50128 of 2024
DINESH KUMAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Santosh Kumar Meena, learned counsel alongwith Ms. Neha
Patel, learned counsel for the petitioner.
Shri Komal Janvaar, learned Panel Lawyer for the respondent/State.
ORDER
The present petition under Section 528 of BNSS, 2023 (482 of
Cr.P.C.) has been filed for quashing of the order dated 16.07.2024 passed by
learned Ist Additional Sessions Judge, District Indore in Cr.R. No. 130/2024,
whereby an application under Section 397 of Cr.P.C. filed by the petitioner
for release of his vehicle bearing registration No. RJ 52 GA 3178, has been
dismissed.
2. The facts in brief to decide the case are that a criminal case for the
offence U/s 34(2) of M.P. Excise Act, 1915 (hereinafter referred to as Act,
1915) Crime No. 1178/18 at P.S. Khajrana, District Indore was registered
against the unknown persons alleging that on 07.12.2018, the someone was
carrying 1253 boxes of illicit liquor in his Truck (Container) bearing
Registration No. RJ-52-GA-3178. The petitioner, moved an application
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under Sections 397 of Cr.P.C. for releasing of the above vehicle which was
dismissed by the learned trial Court by impugned order.
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 therefore, he is entitled for interim custody of the
vehicle. 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. 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 revision and prays
its rejection.
5. It is also settled legal proposition of law that interim custody of the
vehicle cannot be denied on the ground that it is liable to be confiscated, in
case the offence is proved against the accused. Since, the vehicle is subject
to confiscation, some cash security of the estimated value of the vehicle is
required to be deposited before releasing the vehicle on supurdagi. The
vehicle is under registration, therefore, it would be appropriate to release the
vehicle at Supurdiginama after taking cash security of Rs.1,00,000/-
alongwith other security.
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6. Keeping in mind 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 the vehicle to the owner or person entitled to get possession of the
vehicle. If the vehicle is allowed to be kept in the police station for an
indefinite period, then value of the vehicle shall be diminished substantially
and it may not remain in usable condition. In the above circumstances, the
prayer of the petitioner deserves to be allowed.
7. Consequently, the present petition is allowed. The impugned order
dated 16.07.2024 passed by learned trial court is set aside and Truck
(Container) bearing Registration No. RJ52-GA-3178 is ordered to be
released on 'supurdaginama' in favour of the petitioner till completion of the
trial on the following conditions:-
(a) the petitioner shall furnish a cash surety of Rs.1,00,000/- (Rupees
One lakh only) and a personal bond in the sum of Rs.50,000/- (Rupees fifty
thousand only) with one solvent surety in the like amount to the satisfaction
of the trial court undertaking to produce the vehicle aforesaid in the Court as
and when required to do so.
(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.
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(e) 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.
(f) before releasing the vehicle the trial court shall verify the original
documents of the vehicle.
Certified copy as per Rules.
(PREM NARAYAN SINGH)
JUDGE
VD
