Uttarakhand High Court
C482/845/2023 on 24 August, 2023
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C482 No. 845 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. Manoj Mohan, Advocate, for the
applicant.
Mr. V.K. Gemini, Deputy Advocate General,
for the State of Uttarakhand.
The present C-482 Application has been
preferred by the present applicant being aggrieved
against the impugned order dated 10th April, 2023,
as it was passed by the Court of Special Judge
(NDPS), Udham Singh Nagar, whereby, by virtue
of the impugned order, the release application
preferred by the applicant has been rejected for
releasing the case property, i.e., three wheeler
tempo bearing registration No. UK04TB2001,
which was seized by Thana Police Station
Pulbhatta, Udham Singh Nagar, for its alleged
involvement in the commission of the offence,
which stood registered by way of an FIR, being FIR
No. 57 of 2023.
The learned counsel for the applicant
submits, that the release of the vehicle could be
made by this Court, while exercising its powers
under Section 451 of the Cr.P.C., particularly taking
into consideration the interest of the depreciation of
the vehicle, which may likely be caused, if the same
is kept at the police station without the same being
utilized.
He, in support of his contention, has relied
upon the principle laid down in the judgment of
(2002) 10 SCC 283, Sunderbhai Ambalal Desai
Vs. State of Gujrat, wherein, in para 17 of the said
judgment, the Court has observed that the seized
vehicle, which is lying with the Police Station,
since the trial would itself take sufficient long time,
the same could be released after taking an
appropriate bond and guarantees, as well as the
security, for the return of the said vehicle,
whenever, required at any point of time. Relevant
para 13 is extracted hereunder :-
"13. As a result, the order dated February 2,
2015 passed by Learned Judge of the Special Court
under NDPS Act, Berhampore, Murshidabad in
NDPS Case No.270 of 2014 is hereby set aside. The
seized motor cycle bearing no.WB58X-4487 is
returned to the petitioner on furnishing bank
guarantee of Rs.1,50,000/- before the trial court
and on conditions that the petitioner shall not
alienate the motor cycle or change the nature and
character of the motor cycle during the pendency of
the criminal case and that the petitioner will
produce the motor cycle before the trial court as
and when called for and that the petitioner must
produce the motor cycle before the trial court on
conclusion of trial to decide whether the motor
cycle is liable to be confiscated or the same will be
returned to the petitioner. The Criminal revision is,
thus, disposed of."
Owing to the aforesaid principles, the
vehicle, in question, which is presently lying at
Police Thana Pulbhatta, District Udham Singh
Nagar, is being directed to be released subject to
furnishing of security of Rs.50,000/- before the
Court of Special Sessions Judge (NDPS), Udham
Singh Nagar, as well as on furnishing of the bond
to be furnished by the present applicant in an
affidavit, that whenever the vehicle is required by
the Trial Court during the course of trial of the case,
the same would be produced by the present
applicant.
Subject to the aforesaid, exclusively based
upon the ratio laid down in para 8 of the judgment
of Ainul Haque Vs. State of West Bengal and
another, as rendered in CRR No. 1152 of 2015,
dated 07.07.2015, which is based upon the
judgment of the Gujrat High Court, the vehicle as
seized is directed to be released subject to the terms
and conditions as already mentioned above.
Subject to the aforesaid, the C482
Application stands disposed of.
(Sharad Kumar Sharma, J.)
Dated 24.08.2023
Shiv
