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Madhya Pradesh High Court · body

2001 DIGILAW 19 (MP)

Appele Credit Corp. Ltd. v. Union of India

2001-01-03

N.K.JAIN

body2001
Short Note Service of notice of respondent No.2 has already been dispensed with by thus Court vide its order dated 3.12.2000. The matter is very short and the only limited prayer made by the applicant is that the truck seized in connection with an offence u/s 8/18 of the NDPS Act and return of supurdgi to him be allowed to be sold and sale proceeds be deposited in the Court or with some nationalised Bank pending decision of the case. The truck, as already stated, was released by the trial Court on supurdgi with the applicant. The truck was allegedly used by respondent No.2, Mevasingh for commission of offence u/s. 8/18 of the NDPS Act. Applicant is the financier of that truck and there is an agreement of hire purchase in his favour executed by respondent No.2. However, the respondent No.2 has absconded and there is no likelyhood of his arrest in near future. Under these circumstances the prayer of the applicant for sale of the truck ought to be accepted. The impugned order declining applicants prayer to that effect is liable to be set aside. Accordingly, I allow this revision, set aside the order dated 28.9.2000 passed by Spl. Court Mandsaur and direct that the seized truck be sold by public auction under the supervision of the Court and sale proceeds be deposited with some nationalised bank in the name of Court pending decision of the case. Before selling the truck the Court may obtain its photographs and some other identification marks for use during the trial. On sale as aforesaid the bank guarantee furnished by the applicant shall stand discharged, C.C.