Mohammad Fahim vs The State Of Madhya Pradesh on 8 May, 2023

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Madhya Pradesh High Court

Mohammad Fahim vs The State Of Madhya Pradesh on 8 May, 2023

Bench: Deepak Kumar Agarwal

                                                              1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                    ON THE 8 th OF MAY, 2023
                                          MISC. CRIMINAL CASE No. 19249 of 2023

                            BETWEEN:-
                            MOHAMMAD FAHIM S/O SHRI MOHAMMAD TAKRIM,
                            AGED ABOUT 30 YEARS, R/O NEHRU WARD MULTAI
                            POLICE STATION MULTAI DISTRICT BETUL (MADHYA
                            PRADESH)

                                                                                            .....APPLICANT
                            (BY SHRI NAVAL KISHOR GUPTA - ADVOCATE)

                            AND
                            1.    THE STATE OF MADHYA PRADESH INCHARGE
                                  POLICE STATION THROUGH POLICE STATION
                                  CHACHODA, GUNA (MADHYA PRADESH)

                            2.    COLLECTOR      GUNA DISTRICT GUNA (MADHYA
                                  PRADESH)

                                                                                        .....RESPONDENTS
                            (BY SHRI RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR)

                                  This application coming on for hearing this day, the court passed the

                            following:
                                                               ORDER

The present petition under Section 482 of Code of Criminal Procedure has assailed the order dated 24.04.2023 passed by Sessions Court District- Guna (M.P.) in CRR No.46/2023, whereby the application seeking Supurdgi of seized vehicle MH49BZ1181 has been dismissed.

The brief facts leading to filing of this case are that seized vehicle has been used in connection crime no. 94/2023 registered at Police Station Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/9/2023 10:09:53 AM 2 Chachoda Dist. Guna for the offence under Section 3/7 of Essential Commodities Act, 1955. Petitioner being the registered owner of the seized vehilce (MH49BZ1181) filed an application under Sections 451, 457 of Cr.P.C. seeking Supurdugi of the said vehicle. The said application has been dismissed by the Trial Court.

Learned counsel for the petitioner submitted that he is not involved in the case directly or indirectly and the if the truck remains unused for long time, its engine and other parts will be ruined.

Learned counsel for the petitioner further submitted that there is no use of keeping the truck in police custody for years till the trial is over. Trial is not likely to conclude in near future and take long time. In such circumstances, it would be just and proper to release the said truck vehicle of the petitioner.

O n the other hand, learned State counsel opposed the prayer and submitted that the Court below has rightly rejected the application. He further submits that no palpable error on the face of record has been pointed out by learned counsel for the petitioner in the order impugned. The said vehicle would be required during the trial for describing the nature of the property in detail, therefore he prays for dismissal of the instant petition.

Heard learned counsel for the rival parties.

In view of the aforesaid, this Court is of the considered opinion that the Court below did not take into consideration that keeping vehicle and other items in the police station for a long period is of no use. The court below ought to have passed appropriate orders by taking appropriate bond and guarantee as well as security for return of the vehicle and other items.

Accordingly, impugned order dated 24.04.2023 passed by Sessions Court District- Guna (M.P.) in CRR No.46/2023, whereby the application Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/9/2023 10:09:53 AM 3 seeking Supurdgi of seized vehicle MH49BZ1181 is hereby set-aside.

It is directed that on proving ownership of truck by the petitioner and furnishing the security in the sum of Rs.10,00,000/- (Rupees Ten Lac Only) t o the satisfaction of the JMFC/CJM concerned, the aforesaid truck bearing Registration Number- MH49BZ1181 be released on Supurdginama, subject to following conditions :

(1) That, the petitioner shall produce the said truck before the trial Court as and when directed to do so;

(2) That, in the meantime, he shall not alienate the truck or make use of the same for any unlawful purpose;

(3) That, he shall not carry out any change in the colour and outward appearance of the said vehicle.

With the aforesaid directions, this petition under Section 482 of Cr.P.C. stands allowed.

Certified copy/e-copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/9/2023 10:09:53 AM

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