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2014 DIGILAW 333 (HP)

Roshan Lal v. State of H. P.

2014-04-02

DHARAM CHAND CHAUDHARY

body2014
Judgment : Dharam Chand Chaudhary, J. (oral). Challenge herein is to an order passed on 16.12.2013, in an application under Section 457 Cr.P.C., filed by the accused petitioner with a prayer to release the vehicle Indigo Car bearing registration number HP 49A-0876, along with its keys and documents allegedly seized by the Police on 5.12.2012 in connection with a case registered under Sections 20 & 29 of Narcotic Drugs & Psychotropic Substances Act against the accused-petitioner and his co-accused vide FIR No.28/2012, in Police Station, State CID, Bharari, Shimla. 2. Learned Additional Advocate General has placed on record the police report. It has been categorically mentioned in the report that vehicle bearing registration number HP 49A-0876 (Indigo Car) was never seized or taken into possession by the Police in this case and that three vehicles bearing registration numbers HP 33–9255 Indigo Car, HP 34A-0634, Alto Car and HP 01K 2191, Alto Car found to be involved in the commission of the offence were seized as well as taken into possession. 3. Learned counsel submits that at the time of seizure of the car belonging to the accused-petitioner, its temporary number was HP-33-9255. The same later on was registered vide registration number HP 49A-0876 under the provisions of Motor Vehicles Act. This, however, seems to be not the case pleaded either before the trial Court or in this petition. The perusal of the impugned order reveals that such objection even was not raised by the investigating agency also before the trial Court. Any how, since this objection has been taken, therefore, it is to be decided before release of the vehicle in question as to whether it is the same vehicle, which was seized and taken into possession by the Police at the time when the accused-petitioner was apprehended along with his co-accused in the case registered against them. Necessary pleadings and proof qua this aspect of the matter is however, leading in this petition being not brought on record. 4. Necessary pleadings and proof qua this aspect of the matter is however, leading in this petition being not brought on record. 4. Therefore, the order impugned in this petition is quashed and set aside, however, with liberty reserved to the accused-petitioner to file appropriate application along with proof that the vehicle sought to be released is the same which was bearing temporary number HP 33-9255 at the time when seized and taken into possession by the police and later on registered with registering authority under the Motor Vehicles Act vide registration number HP 49A 0876. On filing of such application, learned Special Judge, below shall consider and decide the same, in accordance with law. 5. With the above observations, this petition stands disposed of. Pending application(s), if any shall also stands disposed of.