Rajasthan High Court - Jaipur
Kartar S/O Shri Balveer Singh vs State Of Rajasthan on 12 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Criminal Miscellaneous (Petition) No. 6357/2020
Kartar S/o Shri Balveer Singh, Aged About 35 Years, R/o
Bhamroli, P.s. Sadar Dholpur Distt. Dholpur (Owner Of Tractor
Bearing Reg. No. Rj11-Ra-8597 With Trolley)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Superintendent Of Police Distt. Bharatpur, Raj.
3. S.h.o. Mathura Gate, Bharatpur, Raj.
----Respondents
Connected with
2. S.B. Criminal Miscellaneous (Petition) No. 6376/2020 Dhanraj Gurjar S/o Shri Kanhaiya Lal Gurjar
----Petitioner Versus State Of Rajasthan
----Respondent
3. S.B. Criminal Writ Petition No. 7/2021 Dhara Singh Gurjar S/o Shri Sita Ram Gurjar
----Petitioner Versus State Of Rajasthan
----Respondent
4. S.B. Criminal Writ Petition No. 13/2021 Dhara Singh Gurjar S/o Shri Sita Ram Gurjar
----Petitioner Versus State Of Rajasthan
----Respondent
5. S.B. Criminal Writ Petition No. 38/2021 Charat Lal Meena S/o Shriram Charan Meena
----Petitioner Versus State Of Rajasthan
----Respondent (Downloaded on 18/01/2021 at 09:39:04 PM) (2 of 10) [CRLMP-6357/2020]
6. S.B. Criminal Writ Petition No. 39/2021 Kamlesh Meena S/o Shri Sukhdev Meena
----Petitioner Versus State Of Rajasthan
----Respondent
7. S.B. Criminal Writ Petition No. 41/2021 Ramprasad Meena S/o Shri Parshu Ram Meena
----Petitioner Versus State Of Rajasthan
----Respondent
8. S.B. Criminal Writ Petition No. 46/2021 Reshram Gurjar S/o Shri Chhotu Lal Gurjar
----Petitioner Versus State Of Rajasthan
----Respondent
9. S.B. Criminal Writ Petition No. 54/2021 Puran Mal S/o Shriharnath
----Petitioner Versus State Of Rajasthan
----Respondent
10. S.B. Criminal Writ Petition No. 55/2021 Teja Ram S/o Shriharinarain Meena
----Petitioner Versus State Of Rajasthan
----Respondent
11. S.B. Criminal Writ Petition No. 57/2021 Charat Lal Meena S/o Shri Ram Charan Meena
----Petitioner Versus State Of Rajasthan
----Respondent
12. S.B. Criminal Writ Petition No. 58/2021 Bholu Gurjar S/o Shri Ravendra Singh (Downloaded on 18/01/2021 at 09:39:04 PM) (3 of 10) [CRLMP-6357/2020]
----Petitioner Versus State Of Rajasthan
----Respondent
13. S.B. Criminal Writ Petition No. 59/2021 Lekhraj Gurjar S/o Shri Moti Lal Gurjar
----Petitioner Versus State Of Rajasthan
----Respondent
14. S.B. Criminal Writ Petition No. 60/2021 Kamlesh Meena S/o Shri Sukhdev Meena
----Petitioner Versus State Of Rajasthan
----Respondent
15. S.B. Criminal Writ Petition No. 61/2021 Jal Singh Meena S/o Shri Praladh Meena
----Petitioner Versus State Of Rajasthan
----Respondent
16. S.B. Criminal Writ Petition No. 63/2021 Bablu Gurjar S/o Shri Hari Lal Gurjar
----Petitioner Versus State Of Rajasthan
----Respondent
17. S.B. Criminal Writ Petition No. 64/2021 Sharik Khan S/o Shri Sarfuddin Khan
----Petitioner Versus State Of Rajasthan
----Respondent
18. S.B. Criminal Miscellaneous (Petition) No. 68/2021 Ghanshyam S/o Shri Megha Banjara
----Petitioner Versus (Downloaded on 18/01/2021 at 09:39:04 PM) (4 of 10) [CRLMP-6357/2020] State Of Rajasthan
----Respondent
19. S.B. Criminal Writ Petition No. 73/2021 Dhanraj Gurjar S/o Shri Modulal
----Petitioner Versus State Of Rajasthan
----Respondent
20. S.B. Criminal Writ Petition No. 74/2021 Samondara S/o Shri Ramgopal
----Petitioner Versus State Of Rajasthan
----Respondent
21. S.B. Criminal Writ Petition No. 75/2021 Sher Singh S/o Shri Ram Shayh
----Petitioner Versus State Of Rajasthan
----Respondent
22. S.B. Criminal Writ Petition No. 76/2021 Mukesh S/o Shri Sita Ram
----Petitioner Versus State Of Rajasthan
----Respondent
23. S.B. Criminal Writ Petition No. 77/2021 Daya Ram S/o Shri Sukh Dev
----Petitioner Versus State Of Rajasthan
----Respondent
24. S.B. Criminal Writ Petition No. 78/2021 Vijendra Meena S/o Ishwar Lal Meena
----Petitioner Versus State Of Rajasthan
----Respondent (Downloaded on 18/01/2021 at 09:39:04 PM) (5 of 10) [CRLMP-6357/2020]
25. S.B. Criminal Writ Petition No. 79/2021 Samay Singh S/o Shri Raju Lal
----Petitioner Versus State Of Rajasthan
----Respondent
26. S.B. Criminal Writ Petition No. 80/2021 Kailash Chand Saini S/o Shri Ramdhan
----Petitioner Versus State Of Rajasthan
----Respondent
27. S.B. Criminal Writ Petition No. 81/2021 Asha Ram S/o Shri Ram Prasad
----Petitioner Versus State Of Rajasthan
----Respondent
28. S.B. Criminal Writ Petition No. 82/2021 Kailash Chand S/o Shri Kana Ram
----Petitioner Versus State Of Rajasthan
----Respondent
29. S.B. Criminal Writ Petition No. 83/2021 Munesh Kumar S/o Shri Lohari Ram
----Petitioner Versus State Of Rajasthan
----Respondent
30. S.B. Criminal Writ Petition No. 84/2021 Jaipal S/o Shri Jamana Lal
----Petitioner Versus State Of Rajasthan
----Respondent
31. S.B. Criminal Writ Petition No. 85/2021 Hargyan S/o Shri Ranotya (Downloaded on 18/01/2021 at 09:39:04 PM) (6 of 10) [CRLMP-6357/2020]
----Petitioner Versus State Of Rajasthan
----Respondent
32. S.B. Criminal Writ Petition No. 86/2021 Kailash Chand Saini S/o Ramdhan
----Petitioner Versus State Of Rajasthan
----Respondent
33. S.B. Criminal Writ Petition No. 87/2021 Om Prakash S/o Surajan Singh
----Petitioner Versus State Of Rajasthan
----Respondent
34. S.B. Criminal Writ Petition No. 88/2021 Ramavtar Meena S/o Jagdish Meena
----Petitioner Versus State Of Rajasthan
----Respondent
35. S.B. Criminal Writ Petition No. 89/2021 Harkesh S/o Shri Lohadi Ram
----Petitioner Versus State Of Rajasthan
----Respondent
36. S.B. Criminal Miscellaneous (Petition) No. 342/2021 Devlal S/o Shri Kajodmal
----Petitioner Versus State Of Rajasthan
----Respondent (Downloaded on 18/01/2021 at 09:39:04 PM) (7 of 10) [CRLMP-6357/2020] For Petitioner(s) : Mr. Aditya Mishra, Mr. Arvind Sharma, Mr. D D Khandelwal, Mr. Madhvendra Sharma, Mr. Brijesh Kumar Bhardwaj, Mr. Tarun Jain, Mr. Mukesh Kumar Meena For Respondent(s) : Mr. Ramesh Choudhary, PP HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 12/01/2021 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:
(Downloaded on 18/01/2021 at 09:39:04 PM)(8 of 10) [CRLMP-6357/2020] "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 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 petitions are allowed and the respective vehicles having registration/chasis/engine Nos.RJ-11-RA-8597 (Tractor with Trolley), Chasis No.MBNGAAJXNLJG01241 (Tractor with Trolley), RJ-25-RB-5486 & RJ-25-EV-0367 (Tractor with Trolley), Chasis No.MBNGAAJXNLJG01269 (Tractor with Trolley), (Downloaded on 18/01/2021 at 09:39:04 PM) (9 of 10) [CRLMP-6357/2020] Chasis No.MBNAAALDEKJC00594 (Tractor with Trolley), RJ-26-RB-
9792 (Tractor with Trolley), Chasis No.MBNAAJBULJG01194 (Tractor with Trolley), Chasis No.MBNAAALDULJM02100 (Tractor with Trolley), RJ-26-RB-0377 (Tractor with Trolley), RJ-14-RC-
6607 & RJ-14-EV-0173 (Tractor with Trolley), Chasis No.MBNAAALDEKJC00596 (Tractor with Trolley), UP-80-FL-3392 (Tractor with Trolley), RJ-26-RA-8126 (Tractor with Trolley), RJ-
26-RB-9784 (Tractor with Trolley), RJ-02-RD-5160 (Tractor with Trolley), Petitioner No.1- RJ-25-RC-0166 & Petitioner No.2- RJ-25- EV-1165 (Tractor with Trolley), RJ-25-RB-1147 (Tractor with Trolley), MP-31-AA-8729 & EIG-4254 (Tractor with Trolley), RJ-08- RB-7027 (Tractor with Trolley), RJ-25-RB-5969 (Tractor with Trolley), RJ-25-RB-9736 (Tractor with Trolley), RJ-29-RB-4192 (Tractor with Trolley), RJ-25-RA-7553(Tractor with Trolley), RJ-14- RD-5925 (Tractor with Trolley), RJ-34-RB-2014 (Tractor with Trolley), Chasis No.MBNAAAJGLKJH08625 (Tractor with Trolley), RJ-14-RD-1929 (Tractor with Trolley), RJ-29-RB-4200 (Tractor with Trolley), RJ-29-RB-4273 (Tractor with Trolley), RJ-29-RB-
0087 (Tractor with Trolley), RJ-34-RB-0793 (Tractor with Trolley), RJ-14-RD-5636 (Tractor with Trolley), RJ-25-RB-5156 (Tractor with Trolley), RJ-14-RD-5093 (Tractor with Trolley), RJ-14-RD-
1186 (Tractor with Trolley), Unregistered (Trolley), 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.1,00,000/- each to the satisfaction of the concerned Court to which the (Downloaded on 18/01/2021 at 09:39:04 PM) (10 of 10) [CRLMP-6357/2020] 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.
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 09:39:04 PM) Powered by TCPDF (www.tcpdf.org)