Madhya Pradesh High Court
Metal Strong System Private Limited vs The State Of Madhya Pradesh on 25 February, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
:1:
THE HIGH COURT OF MADHYA PRADESH: BENCH
AT INDORE
M.Cr.C.No.4501/2020
(Metal Strong System Private Ltd. vs. State of M.P.)
Indore, Dated: 25/02/2020
Shri Pankaj R. Soni, learned counsel for the applicant.
Shri Arvind Yadav, learned Public Prosecutor for the
respondent/State.
The applicant has preferred this petition under Section 482 of Cr.P.C. for correction in the order dated 22.01.2020 passed by this Court in Criminal Revision No.6038/2019 whereby truck bearing registration No. HP-64-3665 was directed to be hand over to the applicant on interim custody instead of releasing the 24 bundles of Pallate Racking System Supply of Heavy Duty FG Racks each consisting of 54 rack total 1296 rack plates.
(2). Learned counsel for the applicant has submitted that applicant moved an application under Section 451/457 of Cr.P.C. before the trial court for interim custody of property, which was dismissed by the trial court vide order dated 07.12.2019 holding that the investigation is not completed and the seized property is the subject matter of the offence, therefore, handing over the custody of the seized property will obstruct the smooth trial. The aforesaid order was challenged by the applicant before this Court by filing the criminal revision No.6038/2019 which was allowed vide order dated 22.01.2020, however, in the order, due to :2: typographical mistake, the truck bearing registration No.HP- 64-3665 was directed to be released in interim custody. It is further submitted that applicant is neither the registered owner of the truck nor he has made prayer for releasing the aforesaid vehicle. The only prayer was made for releasing the 24 bundles of Pallate Racking System Supply of Heavy Duty FG Racks each consisting of 54 rack total 1296 rack plates. Therefore, he prays for correction in the order dated 22.01.2020.
(3). Looking to the prayer made in the criminal revision No.6038/2019 coupled with the fact that the applicant is neither the registered owner of the aforesaid vehicle nor he has made any prayer for releasing the aforesaid vehicle, however, due to typographical mistake, the aforesaid vehicle was directed to hand over the applicant on interim custody. Thus, present petition filed under Section 482 of Cr.P.C. is allowed and the order dated 22.01.2020 is hereby recalled by which the Truck bearing registration No.HP-64-3665 was directed to be released in interim custody to the applicant in place of that it is directed that the seized 24 bundles of Pallate Racking System Supply of Heavy Duty FG Racks each consisting of 54 rack total 1296 rack plates be hand over to the applicant with the following conditions:
(i). That, Vijendra Singh S/o Shri nathuram Ji shall furnish a supurdginama on behalf of himself and on behalf of the applicant-company in the sum of Rs.9,00,000/- (rupees nine lacs only) with an undertaking to produce the consignment or its value in :3: terms of money, if the court passes an order of confiscation of the consignment at the time of final judgment in the case.
(ii) That, supurdginama shall carry the photograph of Vijendra Singh.
(iii) That, Vijendra Singh will furnish his full residential address and contact numbers with documentary proof.
(iv) The photocopy of power of attorney executed by the applicant - company in favour of Vijendra Singh be filed in the said court.
(4). This order shall be conjointly read with the order dated 22.01.2020 passed in Cr.R.No.6038/2019 (5). A copy of this order be forwarded to the concerned court for information and necessary compliance.
(6) Accordingly, this petition is disposed of.
Certified copy as per rules.
(S. K. Awasthi) Judge praveen PRAVEEN Digitally signed by PRAVEEN KUMAR NAYAK DN: c=IN, o=DISTRICT AND SESSION COURT INDOR, KUMAR postalCode=452005, st=Madhya Pradesh, 2.5.4.20=e98f729464903facdd39c454715d6eccc5a35 0c9111fb019b34dace6d05b8fd5, cn=PRAVEEN KUMAR NAYAK NAYAK Date: 2020.02.27 08:05:29 -12'00'