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2006 DIGILAW 3136 (RAJ)

Lokesh v. State of Rajasthan

2006-11-30

HARBANS LAL

body2006
JUDGMENT 1. - The instant petition under Section 482 Cr.P.C. is directed against the order dated 27.10.2006 passed by the learned Sessions Judge Jhalawar rejecting the revision preferred against the order of the learned Judicial Magistrate 1st Class, Khanpur dated 22.9.2006 whereby the application moved by the petitioner for the release and handing over of possession of the Kisan Bugga (Jugad) on Supardginama has been rejected. 2. The relevant facts are that a first information report was registered at the concerned Police Station for offences under Sections 3/181, 39/192 and 66/192 of the Motor Vehicles Act, 1988 whereupon the police seized the vehicle in question. 3. The petitioner moved an application before the learned Magistrate for release of the said Kisan Bugga (Jugad) on supardiginama but the same was rejected and revision against the said order has also been dismissed vide impugned order as indicated above on the ground that essential documents pertaining to the said Jugad have not been produced and in the event of accident the claimant might be deprived of compensation. 4. Learned counsel for the petitioner has referred to the order dated 3.7.2006 in S.B. Cr. Misc. Petition No. 1114/2006 passed by a co-ordinate Bench of this Court releasing Jugad on supardiginama. He prays that similar order may be passed in this case as well. 5. Learned Public Prosecutor has supported the impugned- order and has opposed the release of the Kisan Bugga (Jugad) on supardiginama and vehemently opposed the petition. 6. I have considered the submissions made at the bar as well as facts of the case. 7. It is not in dispute that the Kisan Bugga (Jugad) in question belongs to the petitioner. No one else has claimed its title or possession. It is also true that the petitioner has no document with regard to this vehicle but no useful purpose will be served by keeping the said Kisan Bugga (Jugad) in custody and the continuous detention of the vehicle will deteriorate its condition which will not only cause loss to the petitioner but will also tantamount to national wastage. In several other cases, this Court has released such Jugad/Kisan Bugga on supardiginama after getting it dismantled with the condition that the petitioner shall not re-assemble it and shall not use it as a Kisan Bugga or Jugad because the same is not in accordance with the provisions of the Motor Vehicles Act, 1988. In several other cases, this Court has released such Jugad/Kisan Bugga on supardiginama after getting it dismantled with the condition that the petitioner shall not re-assemble it and shall not use it as a Kisan Bugga or Jugad because the same is not in accordance with the provisions of the Motor Vehicles Act, 1988. 8. In Smt. Basava Kom. Dyamogouda Patil v. State of Mysore and Anr. : AIR 1977 SC 1749 , it has been observed by the Hon'ble Apex Court as under: "The object and scheme of the various provisions of the Code appear to be that where the property which has been the subject-matter of an offence is seized by the police it ought not to be retained in the custody of the Court or of the police for any time longer than what is absolutely necessary. 9. It is, therefore, expedient in the interest of justice to release the Kisan Bugga (Jugad) in question on supardiginama after getting it dismantled. 10. In the result, this petition under Section 482 Cr.P.C. is allowed and order dated 27.10.2006 passed by the learned Sessions Judge Jhalawar rejecting the revision and upholding the order of the learned Judicial Magistrate 1st Class, Khanpur dated 22.9.2006 is set-aside. It is directed that the Kisan Bugga (Jugad) in question shall be got dismantled and its various parts shall be handed over to the petitioner on his furnishing a supardginama in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the trial court with the stipulation that he shall keep the parts of this Kisan Bugga (Jugad) intact and shall not get them re-assembled and use them again as a Kisan Bugga (Jugad). In case he is again found to be using the Kisan Bugga (Jugad) the same shall not be released in any case, besides, other liability that may raise under the law as per the terms of the supardiginama and the surety bond. It is made clear that before handling over the Kisan Bugga (Jugad) in parts the number if any of the Engine, its make and H.R etc. shall be noted in the supardiginama and an inventory shall be got prepared which shall be got signed by the petitioner as well.Petition allowed. *******