Madhya Pradesh High Court
Pransoomani Tripathi vs The State Of Madhya Pradesh on 19 February, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-5112-2018
(PRANSOOMANI TRIPATHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 19-02-2018
Shri Alok Agnihotri, learned counsel for the petitioner.
Shri C.K. Mishra, learned Government Advocate for the
respondent/State.
Heard.
sh This petition under Section 482 of Cr.P.C. has been filed to assail the order dated 22.01.2018 passed by 2nd ASJ, Sidhi in criminal e ad revision No. 10/17 whereby order dated 27.09.2017 passed by JMFC, Rampur, Naikin, District-Sidhi in Crime No. 351/2017 has been affirmed. Pr a Learned JMFC refused to release the tractor bearing No. 35 DI hy Model having registration No. MP-53/AA-6930, which was seized for ad illegal transport of sand in connection with crime No. 351/17 for offences under Sections 379, 414 of IPC and Section 41 & 52 of the M Indian Forest Act, 1927, Sections 9, 27, 51 of the Wild Life Protection of Act.
The petitioner claimed that he is the registered owner of the rt tractor. The petitioner submits that if the tractor is kept in open at the ou police station, it will be rusted and decayed, for disposal of the would C take considerable time, therefore, the vehicle may be released to the applicant.
h ig Learned counsel for the respondent/State opposed the H contentions raised by the counsel for the petitioner. Allegedly, the tractor was being loaded with sand. On this information, raid was conducted and the trolly was seized.
The Forest Crime No. 529/19 was registered on 16.09.2017. Considering the fact that trial would take considerable time and the law laid down by the Apex Court in the case of State of M.P. & Others Vs. Madhukar Rao, (2008) 14 SCC 624, that the vehicle can be released on supurdnama till the criminal case is finally disposed of. As vehicle is kept in open under the sun and rain it would subject to damage, the same can be released on supurdnama.
In this regard, reference can also be made to the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, AIR 2003 SC 638.
This application is allowed. The truck bearing registration No. MP-53/AA-6930 be delivered to the petitioner on Supurdnama subject to producing of the original Registration Certificate and Insurance Certificate and on satisfying the following conditions:-
(i) The petitioner shall furnish a Bank Guarantee of Rs.
2,00,000/- (Rupees Two Lac Only) (as has been held in the case of State of Karnataka Vs. K. Krishnan, (2002) 7 SCC 80 and personal bond in the sum of Rs. 4,00,000/- (Rupees Four Lac Only) with one sh solvent surety in the like amount to the satisfaction of the trial Court e on an undertaking to procedure the said vehicle before the trial Court ad as and when required.
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(ii) The petitioner shall not sell/transfer/alienate or create third party interest of vehicle in question without the permission of trial a Court.
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(iii) The petitioner will not change the parts, colour or ad machinery, except for necessary repairs for smooth running of the M vehicle.
(iv) The petitioner will produce the vehicle at his own expenses of as and when directed to be produced.
(v) The petitioner shall not used the vehicle for any similar rt offence.
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(vi) If the above conditions are breached, learned District C Magistrate may forthwith pass an order for seize of the vehicle and h proceed in accordance with law. ig
(vii) The petitioner shall get the vehicle photographed showing H the registration number as well as the chasis number of vehicle in question. Such photograph shall be taken in the presence of the responsible officer who will be deputed by the trial Court and to be kept in the file of the case.
(viii) The petitioner will produce the vehicle as and when required by the trial Court during the trial till disposal of the c criminal case as well as by the confiscating authority till final disposal of the confiscation proceeding pending, if any.
(ix) The petitioner shall not allow the vehicle to be used for any anti social activities.
(x) In the event of confiscation order by the Court competent, the petitioner shall keep the vehicle present positively for confiscation.
Accordingly, this petition is disposed of. C.C. as per rules.
(SUSHIL KUMAR PALO) JUDGE Digitally signed by PALLAVI SINHA sh Date: 2018.02.21 16:21:07 +05'30' e Pallavi ad Pr a hy ad M of rt ou C h ig H