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2018 DIGILAW 2110 (RAJ)

Javed @ Jabid @ Pankaj v. State of Rajasthan

2018-10-23

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT : Kanwaljit Singh Ahluwalia, J. The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 03.10.2018 passed by the Court of Judicial Magistrate, Bhiwadi District Alwar, be set aside, whereby the said Court refused to release Truck bearing registration No.HR-55/T3200 to the petitioner. 2. The learned counsel appearing for the petitioner has submitted that the petitioner is a registered owner of the vehicle, in question. 3. The learned counsel for the petitioner has submitted that in bunch of petitions, lead case being D.B. Cri Miscellaneous Petition No.60/2018, titled as Laxman vs. State of Rajasthan, a Division Bench of this Court on 06.04.2018, has held that if a vehicle has been seized under the Provisions of Mines and Minerals (Development & Regulation) Act, 1957 (for short 'MMDR Act'), for 72 hours competent Officer can retain the vehicle and thereafter, he is mandatorily required to report the matter to his superior officer as also to the Magistrate having jurisdiction. 4. The learned counsel for the petitioner has submitted that Division Bench has held as under:- "In view of the above discussion, the referred questions are answered in the terms that once the Officer of the Mining Department, who seized the vehicle, has reported such seizure to his Superior Officer and to the Magistrate having jurisdiction, he shall cease to have the power to release the vehicle, and in that event, the Magistrate having jurisdiction would be empowered to release such vehicle, with or without the condition of deposit of compounding fee." 5. The learned counsel for the petitioner has contended that the petitioner is not willing to compound the offence, as he has decided to contest the case. 6. The order passed by the Court below whereby release of the truck on Supurdagi was refused has been assailed. 7. The learned counsel for the petitioner has stated at Bar that no confiscation proceedings is pending, qua the truck and the same is case property of case FIR No. 380/2018, registered at Police Station Bhiwadi Phase-III District Alwar for offences punishable under Sections 379, 120-B and 506 I.P.C., under Sections 33, 41 and 42 of the Rajasthan Forest Act and under Sections 4/21 of M.M.D.R. Act. 8. 8. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme Court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful. 9. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial Court is directed to release the truck seized as case property by imposing following conditions:- "a. That the petitioners shall keep the truck, so released intact and shall not change its identification. b. That the petitioners shall produce the truck as and when trial court requires the same for proposed identification of the case property. c. That the petitioners shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court. d. The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioners and sureties, which it may deem fit." 10. Needless to say, trial court shall make verification that the petitioner is registered owner of the truck.