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2019 DIGILAW 835 (RAJ)

Neeran Singh v. State of Rajasthan, Through P. P.

2019-03-13

KANWALJIT SINGH AHLUWALIA

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JUDGMENT 1. The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 06.03.2019 passed by the Court of Judicial Magistrate, Rajakhera District Dholpur, be set aside, whereby the said Court refused to release Tractor bearing registration No. RJ-11- RA-9080 along with the trolley 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 stated at Bar that no confiscation proceedings are pending, qua the tractor and trolley and the same are case property of case/FIR No. 143/2018 registered at Police Station Rajakhera District Dholpur for offences punishable under Section 379 I.P.C., under Sections 29 and 51 of the Wild Life Protection Act, 1972 and under Sections 41 and 42 of the Rajasthan Forest Act. 4. I have heard the learned counsel for the parties. 5. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai v. 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. 6. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present petition is allowed and the trial Court is directed to release the tractor and trolley seized as case property by imposing following conditions:- "(a) That the petitioner shall keep the tractor and trolley so released intact and shall not change their identification. (b) That the petitioner shall produce the tractor and trolley as and when trial court requires the same for proposed identification of the case property. (c) That the petitioner 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 petitioner and sureties, which it may deem fit." 7. Needless to say, trial court shall make verification that the petitioner is registered owner of the tractor and trolley.