Rajasthan High Court - Jodhpur
Mohammed Khan vs State Of Rajasthan on 11 February, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 124/2022
Mohammed Khan S/o Shri Ridmal Khan, Aged About 26 Years,
Resident Of Sanwara Village, Tehsil Phalodi, District Jodhpur,
Through Power Of Attorney Holder Mustaq Khan Son Of Gadde
Khan, Aged About 33 Years, Resident Of Sheruwala, Tehsil Bajju,
District Bikaner.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Tanay Jain for Mr. B.Ray Bishnoi
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
11/02/2022
The petitioner has preferred this criminal revision petition
under Section 397/401 Cr.P.C against the order dated 27.10.2021
passed by learned Special Judge, Electricity Act Cases, Jaisalmer
in criminal Misc. Case NO. 121/2021 pertaining to FIR
No.121/2021 registered at Police Station Sangad District Jaisalmer
for the offences under Sections 136 and 139 of Electricity Act
whereby the prayer to release the seized Bolero Pickup bearing
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(2 of 4) [CRLR-124/2022]
No. registration No. RJ-07-GD-4417 on supurdaginama in favour
of the petitioner, has been rejected.
As per prosecution story the aforesaid vehicle was seized for
using the same for theft of the electricity equipment.
The trial court has rejected the application filed under
Section 457 Cr.P.C. by the petitioner seeking interim custody of
the subject vehicle.
Heard learned counsel for the parties and perused the
material available on record as well the order impugned.
Learned counsel for the petitioner while praying for interim
custody of the subject vehicle has relied upon the judgment
rendered n 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.
Per contra, learned Public Prosecutor while supporting the
order impugned passed by the trial court, prays for rejection of
the revision petition.
Having heard the rival submissions and perusal of the record,
in the considered opinion of this Court, the interim custody of the
vehicle alleged to be used in committing the offence under the
Electricity Act cannot be denied on the ground of severity of
offence. 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.
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(3 of 4) [CRLR-124/2022]
Keeping in mind the judgment of the Hon'ble Apex Court
in the case of Sunderbhai Ambalal Desai vs. State of Gujarat
(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.
Consequently, the revision petition is allowed. The impugned
order dated 27.10.2021 passed by learned trial court is set aside
and Bolero Pickup bearing registration No. RJ-07-GD-4417 is
ordered to be released on 'supurdagi' in favour of the petitioner
till completion of the trial on the following conditions:-
(a) the petitioner shall furnish a personal bond in the
sum of Rs. 08,00,000/- with two sureties of Rs.
4,00,000/- each 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 personal bond of the petitioner and bonds of
sureties shall carry the photographs of the petitioner
and his sureties and the bond of sureties shall further
carry the photographs of persons identifying them
before the Court, which is with full residential
particulars of the sureties and the persons identifying
them.
(d) 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.
(e) the petitioner will not allow the vehicle aforesaid
to be used for any antisocial activities including for the
purpose of carrying narcotics which may constitute
offence under the N.D.P.S. Act.
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(f) before releasing the vehicle the trial court shall verify the
original documents of the vehicle.
(MADAN GOPAL VYAS), J.
ns./12
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