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Madhya Pradesh High Court · body

2015 DIGILAW 523 (MP)

Jitendra Singh Raghuvansh v. State of M. P.

2015-04-30

SUBHASH KAKADE

body2015
JUDGMENT : Subhash Kakade, J. 1. Heard on admission. 2. Admit. 3. With the consent of learned counsel for the parties, the matter is heard finally. 4. This application under Section 482 of Cr.P.C. is directed against the order dated 24.01.14 passed by learned 4th Additional Sessions Judge, Vidisha, District Vidisha in Criminal Revision No. 155/2013, arising out of order dated 26.08.13 passed by JMFC, Vidisha in Criminal Case No. 1559/13 dismissing the application of the applicant filed under Section 451 of Cr.P.C. for granting Supurdginama of motorcycle bearing registration number MP 40 MG 6084. 5. The facts in nutshell are that a criminal case was registered against the petitioner and respondent No. 2 by PS-Civil Lines, District-Vidisha bearing Crime No. 399/13 for the offence punishable under Section34(2) of the Excise Act as it was alleged that both the accused were transporting the country made liquor illegally. From the custody of respondent No. 2, country made liquor about 56 bulk ltrs. and a motorcycle (Pulsar) bearing registration No. MP-40-MG-6084 was also seized from the petitioner as he was the owner of the vehicle. The applicant has filed an application under Section 451 of the Cr.P.C. for releasing the offending vehicle on interim custody on Supurdginama, which has been dismissed by learned Magistrate. The revision petition filed by the applicant was also dismissed by the revisional court, hence this petition. 6. Learned counsel appearing for the applicant has contended that the revisional court while passing the impugned order has failed to exercise its jurisdiction vested with him and committed grave error of law in holding that the aforesaid property cannot be given on Supurdginama as confiscation proceedings will be obstructed. It is further submitted that if the seized vehicle is kept for a long time in open space, it will be damaged by vagaries of weather. 7. Learned Public Prosecutor for the respondent/State opposed the application on the ground that the vehicle is subjected for confiscation and seized for the offence, which is serious in nature. 8. It is nowhere disputed in the impugned order that the applicant is not the registered owner of the vehicle concern and that the same was not claimed by any other person also. 9. 8. It is nowhere disputed in the impugned order that the applicant is not the registered owner of the vehicle concern and that the same was not claimed by any other person also. 9. Provisions of Sections 451 of Criminal Procedure Code provides power to the Court to pass an appropriate order for interim custody and for disposal of seized property pending trial where the property is subjected to natural decay and looking to the other circumstances, to the owner of the property. 10. No fruitful purpose will be served by retaining the vehicle during pendency of the trial or during confiscation proceedings, rather it will diminish the value of the said vehicle, when the petitioner is ready to produce the vehicle as and when called by above mentioned authorities, then certainly the vehicle concerned can be given in the interim custody of the registered owner. It is futile to lay the vehicle idle in the Police Station or any other unsecured place. When the vehicle concern is not kept in the secured place i.e. garage there is every possibility of it being damaged by vagaries of weather. 11. There is no bar that the property cannot be released looking to the seriousness of the offence. The Hon'ble Apex Court in the case of Ganga Hire Purchase Pvt. Ltd. v. State of Punjab and others, reported in (1999) 5 SCC 670 held that interim custody of the seized or to be confiscated vehicle cannot be denied to a person who is registered owner, on the ground that the vehicle is liable to be confiscated under Section 60 of the Act. 12. Keeping in view above facts and circumstances of the case, and further in the light of the decision in the case of Ganga Hire Purchase (supra), the impugned order dated 24.01.14 is hereby quashed. It is directed that seized motorcycle bearing registration number MP 40 MG 6084 shall be delivered to the applicant on Supurdginama subject to producing the original registration certificate and permit and further on satisfying the following conditions:-- "(i) That, the applicant shall furnish a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court on an undertaking to produce the said vehicle before the trial Court as and when required. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court on an undertaking to produce the said vehicle before the trial Court as and when required. (ii) That, the applicant shall got the vehicle photographed showing the registration number as well as the chassis number. Such photographs shall be taken in the presence of the responsible officer, who will be deputed by the trial Court and to be kept in the file of the case. (iii) That, the personal bond of the applicant as well as surety shall carry the photographs of both and the bond of surety shall further carry the photograph of person identifying him before the Court which would be with full residential proof of the surety and the person identifying him. (iv) The applicant shall undertake not to transfer the ownership of the vehicle and not to lease it to any one and not to alienate or create any third party interest and not to make or allow any changes in it to be made so as to make identifiable. (v) The applicant will not allow the vehicle to be used for any anti-social activities. (vi) In the event of confiscation order by the Court competent, the applicant shall produce the vehicle positively for confiscation." 13. With the aforesaid, this application stands allowed. 14. A copy of this order be forwarded to the learned trial Court/the authority concerned for necessary compliance. 15. Certified copy as per rules.