Gauhati High Court
Malay Mukharjee vs The State Of Assam on 1 September, 2023
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GAHC010160032023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./756/2023
MALAY MUKHARJEE
S/O LT. KANAI MUKHERJEE
R/O VILL- FULIYAPARA, P.S. SANTIPUR, DIST. NADIA (WEST BENGAL)
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
01.09.2023 The present application is filed under Section 482 of the Cr.P.C. praying for zimma of the Truck bearing registration No. WB 51C 5398 and related documents, which were seized during the investigation of the Golakganj Police Station Case No. 13/2023 by the Investigating Authority to the petitioner/ registered owner of the vehicle.
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2. On the perusal of the record it reveals that vide an order dated 15.03.2023 passed in Misc. Case No. 25/2022 by the learned Special Judge, Dhubri has rejected the prayer of the petitioner to give zimma of the said vehicle on the ground that the investigation is going on and the I/O requires the vehicle for further investigation of the case.
3. The Hon'ble Apex Court in the case of Sundarbhai Ambala Desai vs State of Gujrat reported in (2002) 10 SCC 283 while dealing with the power of a Magistrate under Section 451 and 457 Cr.P.C., regarding disposal of the seized material has laid down the following proposition of law:
I. The power under Section 451 Cr.P.C. and 457 Cr.P.C., should be exercised expeditiously and judiciously with the object that the owner of article should not suffer for it being remaining unused or by its misappropriation.
II. The Hon'ble Apex Court at paragraph 17 observed that whatever the situation be, it is of no use to keep the materials more particularly seized vehicles at police station for a long period and a Magistrate is to pass appropriate order immediately by taking appropriate bond and guarantee as well as security for return of vehicles, if required at any point of time.
III. Referring to Section 451 Cr.P.C. of the paragraph 5 of the judgment of Sundarbhai Ambala Desai (supra) the court opined that the power under Section 451 Cr.P.C. is required to be exercised expeditiously and judiciously with the object that the owner of the article would not suffer because it its remaining unused or by its misappropriation.
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4. Now coming to the present case whether the registered owner is instrumental or a part of the offence as alleged is to be determined during the trial. As discussed hereinabove, the Hon'ble Apex Court in Sundarbhai Ambala Desai (supra) opined that the power under Section 451 Cr.P.C. is required to be exercised expeditiously and judiciously and it is clear from the aforesaid judgment that the object of such determination is that owner of the article should not suffer because of its remaining unused or by its misappropriation.
5. In view of the aforesaid dictum, this court is of the opinion that grant of zimma of the vehicle in question will in no way hamper the trial/ investigation in the case inasmuch as laid down in Sundarbhai Ambala Desai (supra) certain conditions can be put to protect the interest of the trial as well as the investigation.
6. In view of the aforesaid report, this Court is of the considered opinion that the Investigating Officer shall forthwith release and handover the zimma of the seized vehicle bearing registration No. WB 51 C 5398 seized in connection with Golakganj Police Station Case No. 13/2023 to its owner, after getting a bond of Rs. 5,00,000/- (Five lakhs) executed from the owner of the said vehicle with the following conditions:
a) The owner shall submit a bond declaring that he shall not change the colour and structure of the vehicle and shall not alter or destroy the vehicle till disposal of the case.
b) The owner shall produce the vehicle before the I/O or concerned authority as and when called for the purpose of investigation.
c) The I/O is further directed to take photographs of the seized vehicle Page No.# 4/4 and keep it with the case record for further reference.
7. With the aforesaid observation and direction, this criminal revision petition stands disposed of.
JUDGE Comparing Assistant