Amarnath @ Amar vs The State Of Madhya Pradesh on 26 July, 2023

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Madhya Pradesh High Court

Amarnath @ Amar vs The State Of Madhya Pradesh on 26 July, 2023

Bench: Sanjay Dwivedi

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                 ON THE 26 th OF JULY, 2023
                                           CRIMINAL REVISION No. 2637 of 2023

                          BETWEEN:-
                          AM ARNATH @ AMAR S/O SHRI SOHAN LAL SAKET,
                          AGED ABOUT 28 YEARS, OCCUPATION: LABOUR
                          RESIDENT OF RAMNIWAS SINGH WARD BHATTA
                          MOHALLA KANTI P.S. RANGNATH NAGAR DISTT.
                          KANTI (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI GHANSHYAM PANDEY- ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          BADWARA DISTRICT KANTI (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI AMIT PANDEY- PANEL LAWYER)

                                This revision coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

This revision under section 397 read with section 401 of the Code of Criminal Procedure, 1973 has been filed challenging the order dated 14.06.2022 passed in Case No.35/2022, whereby the trial Court has rejected the application for supurdnama of vehicle seized by the prosecution i.e. Maruti Suzuki Ertiga Car bearing registration no.MP-21-CB-0744 carrying 50 kgs. of Ganja.

Learned counsel for the petitioner submits that there is no bar for releasing the custody of the vehicle and the same be handed over to the owner of the vehicle. He also submits that merely because the vehicle was involved in a Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 7/27/2023 5:20:13 PM 2 crime relating to the provision of NDPS, cannot be kept in custody. He also submits that the vehicle was lying in a police station since 09.07.2022 and its condition every day is being deteriorated and as such application for supurdnama filed under section 357 of Cr.P.C. ought to have been considered by the trial Court but it has been rejected without assigning any specific reasons but only on the ground that the same was involved in the offence relating to the NDPS Act.

Shri Amit Pandey, Panel Lawyer has also opposed the revision petition and submits that the vehicle was earlier also found involved in a crime transporting narcotics substance illegally and as such trial court has rightly rejected the application.

Considering the submissions made by the counsel for the parties, perusal of records and the facts that there is no bar in releasing the vehicle and if vehicle is not released its physical conditions would be deteriorated every day because it is lying in an open place at police station. Therefore, revision is allowed and order passed by the trial Court dated 14.06.2022 is set aside and directing that before releasing the vehicle the documents submitted by the petitioner/applicant relating to his ownership of the vehicle shall be ascertained and after satisfying with the document of ownerships, appropriate order under the provisions of 357 of Cr.P.C. be passed.

With the aforesaid, the revision is allowed.

(SANJAY DWIVEDI) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 7/27/2023 5:20:13 PM

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