Madhya Pradesh High Court
Niranjan Pradhan vs The State Of Madhya Pradesh on 24 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:19323
1 CRR-334-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 24th OF JULY, 2025
CRIMINAL REVISION No. 334 of 2025
NIRANJAN PRADHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akash Rathi - learned Advocate for the petitioner.
Shri Rajesh Joshi - learned Govt. Advocate for the respondent/State.
ORDER
This revision petition is filed under section 438 r/w 442 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 against the order dated 23.12.2024
passed by Additional Sessions Judge, District Indore in Session Trial
No.458/2024, whereby, the applications under Section 497 r/w 503 of the
BNSS, 2023 for interim custody of vehicles registered in the name of
petitioner i.e. Four wheeler Car (Thar) bearing Registration No.MP-09-ZB-
8472, two-wheeler Bullet bearing Registration No.MP-09-ZX-2762, four
wheeler (Fortuner) bearing Registration No.MP-09-ZY-0027, four wheeler
(Hyundai Nios Car) bearing Registration No. MP-09-WJ-6108 total value of
Rs.85 Lac is rejected.
02. As per prosecution story, a written complaint via E-mail was
received at P.S. Crime Branch, District Indore alleging that the present
petitioner alongwith co-accused persons induced the 18 victims to deposit
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the money in Crypto Street company by luring to give three times profit of
the money invested and obtained huge amount but did not return
Rs.94,69,239/- (Rupees Ninety Four Lac, Sixty Nine Thousand & Two
Hundred Thirty Nine). On that, F.I.R. bearing Crime No.13/2024 was
registered on 07.03.2024 at Police Station - Crime Branch, District Indore for
the offence punishable under Section 409 & 420 of the IPC. During
investigation, on 11.03.2024, four wheeler (Fortuner) bearing Registration
No.MP-09-ZY-0027 has been seized and on 14.03.2024 other three vehicles
i.e. Four wheeler Car (Thar) bearing Registration No.MP-09-ZB-8472, two-
wheeler Bullet bearing Registration No.MP-09-ZX-2762 & four wheeler
(Hyundai Nios Car) bearing Registration No. MP-09-WJ-6108 have been
seized and kept in the Police Station - Crime Branch, District Indore.
03. Learned counsel for the petitioner submits that after the release of
the petitioner on bail, he filed the applications before the trial Court seeking
release of the aforesaid vehicles, but the same has been rejected with the
objective of keeping the complainants' money safe. The rejection order fails
to appreciate that the petitioner has already been granted bail, and there is no
risk of the petitioner absconding or tampering with the evidence. It is further
submitted that the petitioner is the registered owner of the vehicle and in
support of his submission he also filed the copy of registration certificate
alongwith the present petition. The vehicle is liable to be confiscated only
after the conviction, but during the pendency of the trial, the vehicle is lying
in the campus of the police station without any protection. The revision
petitioner has relied upon the judgment passed by the Apex Court in case
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of Sunderbhai Ambalal Desai Vs. State of Gujarat (2002) 10 SCC 283 in
which it is held that "the articles seized in any criminal case are not to be
kept for long time at Police Station and in any case for not more than 15 days
to one month and the owner of the article should not suffer because of its
remaining unused or misappropriated at Police Station. Undisputedly, the
condition of the vehicle is deteriorating day-by-day, as the same is lying
open to sky and under the heat of sun and rains. The vehicle is loosing its
value day-by-day due to lack of maintenance, natural wear and tear and
passing of time."
04. Learned counsel for the respondent/Sate opposed the prayer of the
revision petitioner.
Heard.
05. Having heard learned counsel for the parties and taking into
consideration the facts and circumstances of the case, I am of the view that it
is a fit case to release the aforementioned vehicles.
06. Accordingly, the present petition is allowed and the
impugned order dated 23.12.2024 passed by Additional Sessions Judge,
District Indore in Session Trial No.458/2024 is hereby set aside. It is directed
that the vehicles of the petitioner i.e. Four wheeler Car (Thar) bearing
Registration No.MP-09-ZB-8472, two-wheeler Bullet bearing Registration
No.MP-09-ZX-2762, four wheeler (Fortuner) bearing Registration No.MP-
09-ZY-0027 & four wheeler (Hyundai Nios Car) bearing Registration No.
MP-09-WJ-6108 be released subject to the following conditions:-
( i ) That, the vehicle be released on
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depositing of balance amount of
Rs.10,00,000/- as directed by this Court vide
order dated 19.11.2024 in
M.Cr.C.No.45030/2024.
ii). That, the applicant shall furnish
Supurdginama in the sum of Rs.85 Lacs with
one surety in the like amount to the
satisfaction of the concerned CJM/trial Court,
for releasing the seized said vehicle vide
Crime No.13/2024 registered at Police
Station - Crime Branch, District Indore for
offences punishable under Section 409 & 420
of the IPC.
iii). That, the applicant shall produce
necessary documents like original registration
certificate, sale-letter etc. before the trial
Court.
iv). That, the applicant shall get the vehicle
photographs showing the registration number
as well as chassis number of the said vehicle.
Such photographs shall be taken in the
presence of the responsible officer, who will
be deputed by the trial Court and to be kept
in the file of the case.
v). That, the photographs of the applicant
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as well as surety must have been placed in
the personal bond and bond of surety.
Further, the photograph of person identifying
him before the Court must also have been
placed in the personal bond. The applicant
surety and person identifying shall carry their
full residential proof.
vi). The applicant shall undertake not to
transfer the ownership of the vehicle and
shall not lease it to anyone and not make or
allow any changes in it to be made so as to
make unidentifiable.
vii). The applicant will not allow the
vehicle to be used in any anti-social
activities.
viii). In the event of confiscation order of
the Court competent, the applicant shall keep
the vehicle present positively for
confiscation.
07. It is further directed that before releasing the vehicle in interim
custody of applicant, the S.H.O. of concerning police station shall get
photographs size 18 x 12 inches of the concerned vehicle taken from all
sides and also the photographs showing engine and chassis numbers. Such
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photographs shall be filed in the trial Court to be kept along with the record.
08. With the aforesaid directions, this petition stands disposed off.
Certified copy as per rules.
(GAJENDRA SINGH)
JUDGE
VS
