Rajasthan High Court - Jaipur
Amichand Jat S/O Shri Banna Lal Jat vs State Of Rajasthan on 12 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Criminal Writ Petition No. 40/2021
Amichand Jat S/o Shri Banna Lal Jat, R/o Hingoniya, P.s.
Banetha, Teh. Uniyara, District Tonk (Rajasthan) (Owner Of
Motor Bike Bearing No. Rj26-Sr-2972)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor, Raj High
Court, Jaipur Bench, Jaipur.
2. Asst. Engineer (Mining Engineer), Mining Department,
Tonk (Raj.)
3. Station House Officer (S.h.o.), Police Station Banetha,
Tonk (Raj.)
4. R.t.o., Tonk, Rajasthan.
----Respondents
Connected with
2. S.B. Criminal Writ Petition No. 56/2021 Shrinivas S/o Shri Gyajeet, R/o Moroli, Jhuda Ka Pura, District Dholpur (Rajasthan) (Owner Of Motor Bike Bearing No. Rj11- Sg-2424)
----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor, Raj High Court, Jaipur Bench, Jaipur.
2. Station House Officer (S.h.o.), Police Station Kotwali, Dholpur (Raj)
3. R.t.o., Dholpur, Rajasthan.
----Respondents For Petitioner(s) : Mr. Madhvendra Sharma For Respondent(s) : Mr. Ramesh Choudhary, PP HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 12/01/2021 (Downloaded on 18/01/2021 at 09:43:38 PM) (2 of 4) [CRLW-40/2021] Learned counsel for the petitioner(s) submits that the police seized the vehicle(s) mentioning it to be under Section 38 of the Rajasthan Police Act, 2007 (hereinafter referred to as "the Act") treating it as unclaimed property, learned Magistrate has rejected the application filed by the petitioner(s) seeking possession of the said vehicle on the ground that it is unclaimed vehicle(s).
Learned counsel for the petitioner(s) submits that the petitioner(s) is a registered owner of the vehicle(s) and therefore, the proceedings under Section 38 of the Act could not have been undertaken and even if, the same was undertaken; once, the learned Magistrate has come to knowledge that the vehicle is duly registered and the registered owner is before it for claiming the same, there was no occasion for not releasing the said vehicle.
It is also submitted that the provisions of Section 38 of the Act cannot be misused in such a manner to deprive the petitioner(s) of its ownership and title of the vehicle(s), which has been seized wrongfully by the police.
I have considered the submissions as above. A bare look at the provisions of Section 38 of the Act would be relevant, hence, the same is quoted as under:
"38. Police officers to take charge of unclaimed property - (1) It shall be the duty of every police officer to take charge of unclaimed property, and to furnish an inventory thereof to the Police Station having jurisdiction.
(2) The manner of disposal of such property shall be such as may be prescribed.
Explanation:- For the purpose of this section "property" shall mean any movable property, money or valuable security."
Thus, it is at the stage when the vehicle(s) is seized, that property may be treated as unclaimed property. However, once an (Downloaded on 18/01/2021 at 09:43:38 PM) (3 of 4) [CRLW-40/2021] application has been filed before the Court informing about the vehicle being an unregistered ownership of the claimant and he claims the said property, the provisions of Section 38 of the Act would automatically cease to apply and the learned Magistrate could not have avoided the provisions of Section 457 Cr.P.C. for release of the vehicle(s). Thus, the order(s) impugned herein passed by the learned Magistrate to the said effect is wholly misconceived the provisions aforesaid and is accordingly set aside.
The law regarding release of the vehicle has been explained by the Apex Court in detail in the case of Sunderbhai Ambalal Desai & Ors. Versus State of Gujarat: (2002) 10 SCC 283, and by this Court also in the case of S.B. Criminal Misc. Petition No.2723/2019: Asharam Versus State of Rajasthan, decided on 3.2.2020 along with other connected petitions.
Accordingly, these criminal misc. petitions are allowed and the respective vehicles having registration Nos.RJ-26-SR-2972 (Motorcycle) & RJ-11-SG-2424 (Motorcycle), involved in these matters shall be released on the following terms:
a) The concerned Police Station shall release the offending vehicle(s) to the person(s), who is the registered owner(s) of the vehicle(s) alone.
b) A personal security of an amount of Rs.25,000/- to the satisfaction of the concerned Court to which the concerned Police Station is attached, shall be submitted for the purpose of release of the vehicle(s).
c) The petitioner(s) shall furnish the photographs of the vehicle(s) showing its number and colour etc. (Downloaded on 18/01/2021 at 09:43:38 PM) (4 of 4) [CRLW-40/2021]
d). At the time of release, the petitioner(s) shall also give an undertaking to the effect that vehicle(s) shall not be used for any illegal purpose and if so found, the concerned owner shall be personally liable.
A copy of this order be placed in each of the file.
(SANJEEV PRAKASH SHARMA),J NITIN/ (Downloaded on 18/01/2021 at 09:43:38 PM) Powered by TCPDF (www.tcpdf.org)