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2011 DIGILAW 903 (RAJ)

Brij Lal v. State of Rajasthan

2011-05-04

KAILASH CHANDRA JOSHI

body2011
JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor for the State. 2. In this case, the vehicle of the petitioner , the body and cabin of the truck bearing No.HR 39/B 3889, was seized in connection with FIR .No.313/2010 by Police Station, Bhadra, District Hanumangarh. 3. The case of the petitioner is that he is the registered owner of the vehicle and for the purpose of releasing the said vehicle, he preferred an application under section 451 Cr.P.C. for releasing the truck on 'supurdginama' and the said application was allowed by the learned Addl.Chief Judicial Magistrate, Bhadra. Further, the petitioner moved an application before the learned trial court for releasing the body of the truck on 'supurdginama' and the said application was rejected by the learned trial court vide order dated 04.03.2011. 4. Being aggrieved by the aforesaid order, the petitioner has preferred this misc. petition. 5. The counsel for the petitioner contended that the learned trial court rejected the application of 'supurdginama' only on the round that the recovered vehicle will be required for evidence during the course of trial. Counsel for the petitioner further contended that the vehicle is lying in the police station and in due course of time, it will be useless and it will amount to national loss also. Therefore the vehicle which is the subject matter of the alleged offence, may be released on 'supurdginama' in favour of the petitioner. 6. Learned Public Prosecutor opposed the misc. petition. 7. Looking to the entire facts and circumstances of the case and the fact that the vehicle is registered in the name of the present petitioner Brij Lal and that the vehicle will be useless after a lapse of time and in the evidence the photographs of the vehicle may also be relevant evidence and if the vehicle is being released on 'supurdginama' and it will be produced at the time of evidence also. 8. Resultantly , this criminal misc. petition is allowed and the impugned order dated 04.03.2011 is set aside. It is ordered that the seized vehicle in FIR No.313/2010 of Police Station, Bhadra, District Hanumangarh , be handed over to the petitioner on furnishing 'supurdginama' along with 'jamanatnama' of Rs. 5 lacs each, to the satisfaction of the learned trial court, with the condition that- 1. petition is allowed and the impugned order dated 04.03.2011 is set aside. It is ordered that the seized vehicle in FIR No.313/2010 of Police Station, Bhadra, District Hanumangarh , be handed over to the petitioner on furnishing 'supurdginama' along with 'jamanatnama' of Rs. 5 lacs each, to the satisfaction of the learned trial court, with the condition that- 1. He will produce the vehicle at the time, place and date, as may be required by the trial court. 2. Four sets of photographs shall be prepared from each angle of the vehicle, so as to identify the vehicle, at the cost of the petitioner, and the same shall be kept on record. 3. He will not transfer the vehicle in the name of any person, without the permission of the court. 4. He will not alter the vehicle in any form , without the permission of the court. Petition Allowed. *******