Tripura High Court
Unknown vs For The on 22 September, 2017
Author: T. Vaiphei
Bench: T. Vaiphei
CRL.PETN. NO.55/2017
BEFORE
HON'BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present:
For the petitioner : Mr. H.K. Bhowmik, Advocate.
For the respondent : Mr. R.C. Debnath, Addl. P.P.
22.09.2017.
Heard Mr. H.K. Bhowmik, the learned counsel for the petitioner. Also heard Mr. R.C. Debnath, the learned Addl. Public Prosecutor appearing for the State.
The application is one under Section 457 Cr.P.C. for releasing the vehicle (TATA Safari) which was seized by the police of NCC Police Station on 24.10.2016 in connection with NCC Police Station case No.2016/NCC/077 under Sections 302/34 IPC and Section 27 Arms Act.
It is stated by the learned counsel for the petitioner that similar application was moved before the learned Judicial Magistrate Ist Class, (Court No.1), Agartala on 23.05.2017, but till now the application is not disposed of for no apparent reason.
Seen the orders, which make pathetic reading. The Registry will look into the matter. The petitioner is admittedly the registered owner of the seized vehicle. No purpose will be served by detaining the vehicle in the custody of the police where proper care and maintenance will not be done. If the vehicle is not released, it may go out of order by the time the trial is completed.
In the result, the application has to be allowed. Therefore, the learned Judicial Magistrate Ist Class, (Court No.1), Agartala is directed to release the seized vehicle to the custody of the petitioner on zimma on his executing a P/R bond of ₹7,00,000/- (rupees seven lakh) to his satisfaction, subject to the condition that the petitioner shall not alter the condition of the vehicle or transfer to any other parties and shall produce the same before the trial Court as and when called upon to do so.
The application stands disposed of.
CHIEF JUSTICE Pulak CRL.PETN. NO.55/2017 Page 1 of 1