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2018 DIGILAW 449 (MP)

RAMLAL PAL v. STATE OF M. P.

2018-05-02

S.K.PALO

body2018
JUDGMENT : 1. Mr. L. C. Chourasiya, learned counsel for the petitioner. Mr. Mohit Nayak, learned Govt. Advocate for the respondent/State. 2. The petitioner is claiming to be the registered owner of Truck bearing registration No. UP-63/AT-0098. The vehicle has been seized at Police Station Bahri, on 5-3-2018 in connection with crime No. 84/2018 for offence under sections 379, 414 read with section 34 of Indian Penal Code, sections 4 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, section 15 of the Environment (Protection) Act, 1986, sections 27, 29, 39 D and 51 of the Wild Life Protection Act, 1972 and sections 2, 41, 52 of the Forest Act and also under sections 3/4 of the Public Safety Act, 1953. 3. On filing an application for releasing the vehicle on Supurdnama before the J.M.F.C, Siddhi, the same was dismissed on 14-3-2018. The petitioner preferred Criminal Revision No. 46/2018, the same has also been dismissed on 22-3-2018. Therefore, the present petition for releasing of the vehicle on supurdnama. 4. It is also contended that the petitioner is prepared to abide all the conditions imposed by the Court for release of the vehicle. 5. Considering the fact that trial would take considerable time and the law laid down by the Apex Court in the case of State of M.P. and others vs. Madhukar Rao, (2008) 14 SCC 624 , that the vehicle can be released on supurdnama till the criminal case is finally disposed of and if the vehicle is kept in open under the sun and rain it would subject to damage, the same can be released on supurdnama. 6. In the case of State of Karnataka vs. K. Krishnan reported as (2007) 7 SCC 80, it is held that, when any vehicle is seized on the allegation that, it was used for committing a forest offence, the same shall not normally be returned to the party till the culmination of all the proceedings in respect of such offence, including confiscatory proceeding, if any. Nonetheless, if for any exceptional reasons a Court is inclined to be released the vehicle during such pendency, furnishing a bank guarantee should be the minimum condition. No party shall be under the impression that release of vehicle would be possible on easier terms. 7. The application is allowed. Nonetheless, if for any exceptional reasons a Court is inclined to be released the vehicle during such pendency, furnishing a bank guarantee should be the minimum condition. No party shall be under the impression that release of vehicle would be possible on easier terms. 7. The application is allowed. The truck bearing Registration No. No. UP-63/AT-0098 be delivered to the petitioner on Supurdnama subject to producing of the original Registration Certificate and Insurance Certificate and on satisfying the following conditions :— (i) The petitioner shall furnish Bank Guarantee of Rs. 5,00,000/- (Rupees Five Lakh Only) and supurdnama in the sum of Rs. 15,00,000/- (Rupees Twenty Five Lakh 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) The petitioner shall not transfer/sale/alienate or create third party interest in respect of vehicle in question without the permission of trial Court. (iii) The petitioner will not change the parts, colour or machinery, except for necessary repairs for smooth running of the vehicle. (iv) The petitioner will produce the vehicle at his own expenses as and when directed to be produced. (v) The petitioner shall not use the vehicle for any similar offence. (vi) If the above conditions are breached, learned trial Court may forthwith pass an order for seizure of the vehicle and proceed in accordance with law. (vii) The petitioner shall get the vehicle photographed showing the registration number as well as the chassis number of vehicle in question. Such photograph 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. (viii) The petitioner will produce the vehicle as and when required by the trial Court during the trial till disposal of the criminal case as well as by the confiscating authority till final disposal of the confiscation proceeding pending, if any. (ix) The petitioner shall not allow the vehicle to be used for any anti social activities. (x) In the event of confiscation order by the Court competent, the petitioner shall keep the vehicle present positively for confiscation. 8. Accordingly, this petition is disposed of. C.C as per rules.