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2022 DIGILAW 1021 (JHR)

Sajaruddin Khan v. State of Jharkhand

2022-08-16

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : Heard Mr. Pankaj Srivastava, learned counsel for the petitioner and Mr. Prabhu Dayal Agrawal, learned counsel for the State. 2. Petitioner has preferred this petition for quashing of order dated 20.10.2020 passed in connection with Manjhiaon P.S. Case No. 44/2020 whereby the learned court has rejected the prayer for release of tractor bearing Registration No. JH14A 4541 along with trolly, pending in the Court of learned Judicial Magistrate, Ist Class, Garhwa. Further prayer has been made for quashing of order dated 07.01.2021 passed in Criminal Revision No. 68 of 2020. 3. Mr. Pankaj Srivastava, learned counsel for the petitioner submits that documents of the vehicle in question was incomplete that is why both the court have rejected the prayer of the petitioner for release of vehicle. He further submits that for the required documents in question i.e. pollution certificate, fitness certificate etc. the vehicle is required to be produced before the competent authority. He submits that after release of vehicle the petitioner will produce the valid documents as required by the learned court. 4. From perusal of revisional order, it appears that petitioner is not having valid paper i.e. insurance, challan, fitness certificate, pollution certificate, registration of trailer and loaded sand. 5. It appears that tractor in question is lying in open sky. No purpose will serve if the vehicle in question is allowed to be deteriorated. Reference may be made to the case of “Sunderbhai Ambalal Desai Vs. State of Gujarat” reported in 2002 10 SCC 283 wherein paras 17 and 18 the Hon’ble Supreme Court has held as under :- “17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. 18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by a third person, then such vehicle may be ordered to be auctioned by the court. This can be done pending hearing of applications for return of such vehicles. 18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by a third person, then such vehicle may be ordered to be auctioned by the court. If the said vehicle is insured with the insurance company then the insurance company be informed by the court to take possession of the vehicle which is not claimed by the owner or a third person. If the insurance company fails to take possession, the vehicles may be sold as per the direction of the court. The court would pass such order within a period of six months from the date of production of the said vehicle before the court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.” 6. In view of the submission of the learned counsel for the petitioner and the law laid down by the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai (supra), it will be suffice if the vehicle in question be released on proper bond given by the petitioner. 7. The tractor along with trolly shall be released in favour of the petitioner on his undertaking for three weeks. Thereafter three weeks, the petitioner shall produce the tractor along with trolly before the concerned court alongwith valid documents. On submission of valid documents the learned court may confirm the release order subject to final disposal of the case. The learned court shall put condition for release of vehicle after providing valid documents as has been submitted by the learned counsel for the petitioner today. If the petitioner will fail to produce such documents within time, temporary release of the tractor and trolly will not operate and the said vehicle will be seized. The petitioner shall produce the said vehicle to the concerned court after expiry of period of temporary release. On finally releasing the vehicle following terms and conditions shall be imposed:- i. The petitioner shall furnish an indemnity bond to the satisfaction of the court below. ii. One of the surety must be resident and owner of a commercial vehicle of District-Garhwa (Jharkhand). iii. On finally releasing the vehicle following terms and conditions shall be imposed:- i. The petitioner shall furnish an indemnity bond to the satisfaction of the court below. ii. One of the surety must be resident and owner of a commercial vehicle of District-Garhwa (Jharkhand). iii. That the petitioner shall not sell, mortgage or transfer the ownership of the vehicle on hire purchase agreement or mortgage or in any manner. iv. He shall not change or tamper with the identification of the vehicle in any manner. v. He shall produce the vehicle as and when directed by the Trial Court. vi. The petitioner shall furnish sufficient security to the satisfaction of the Court to pay compensation that may be awarded in a claim case arising out of such accident 8. The Trial Court is at liberty to impose any other terms and conditions which the trial court deems fit and proper. 9. Accordingly, this criminal miscellaneous petition stands disposed of. Pending I.A., if any, stands disposed of.