Rajasthan High Court - Jaipur
Shakir S/O Hanif vs State Of Rajasthan on 6 November, 2020
(1 of 7) [CRLMP-2079/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1.S.B. Criminal Miscellaneous (Petition) No. 2079/2020
Shakir S/o Hanif, Aged About 50 Years, R/o Malarana Dungar, Ps
And Tahsil Malarna Dungar, Distt. Sawai Madhopur, Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
2.S.B. Criminal Miscellaneous (Petition) No. 5206/2020
Satish Kumar S/o Munna Singh, R/o Vallapura Golari Post
Sarmathura, Tehsil Badi, Distt. Dholpur Raj.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
3.S.B. Criminal Miscellaneous (Petition) No. 5221/2020
Bandhu Khan Son Of Kamruddin Khan, Resident Of Shesha
Tehsil Malarna Coongar, District Sawai Madhopur (Raj)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
4.S.B. Criminal Miscellaneous (Petition) No. 5224/2020 Manish Kumar Meena Son Of Shri Heera Lal Meena, Resident Of Bagdoli, Tehsil Bonli, Distict Sawai Madhopur (Raj)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor
----Respondent (Downloaded on 11/11/2020 at 09:59:43 PM) (2 of 7) [CRLMP-2079/2020]
5.S.B. Criminal Miscellaneous (Petition) No. 5225/2020 Sirajuddin Son Of Noordin, Resident Of Shesha, Tehsil Malarna Doongar, District Sawai Madhopur (Raj)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor
----Respondent
6.S.B. Criminal Miscellaneous (Petition) No. 5238/2020 Vikram Meena S/o Shri Mithya Lal, Aged About 33 Years, R/o Jodali Tehsil - Sapotara, District Karauli (Raj) (Owner Of Tractor Bearing Registration Number Rj-34-Rb-2603 With Trolley)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor
----Respondent
7.S.B. Criminal Miscellaneous (Petition) No. 5242/2020 Naharsingh Meena S/o Shri Ghasilal Meena, Aged About 24 Years, R/o Bhukha, Tehsil Malarana Dungar, District Sawai Madhopur (Raj) (Owner Of Tractor Bearing Registration Number Rj-25-Rb-7266 With Trolley)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor
----Respondent
8.S.B. Criminal Miscellaneous (Petition) No. 5244/2020 Pintu S/o Shri Batti Lal, Aged About 26 Years, R/o Thooma Lediya, Tehsil - Karauli, District Karauli (Raj) (Owner Of Tractor Bearing Registration Number Rj-
34-Rb-0722 With Trolley)
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(3 of 7) [CRLMP-2079/2020]
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
9.S.B. Criminal Miscellaneous (Petition) No. 5245/2020 Rajesh Meena S/o Shri Laluram Meena, Aged About 31 Years, R/o Shyonda Ki Jhupdiya, Rajoli, Tehsil - Lalsot, District Dausa (Raj) (Owner Of Tractor Bearing Registration Number Rj-25-Rb-6255 With Trolley Bearing Registration Number Rj-29-Ev-0151)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor
----Respondent
10.S.B. Criminal Writ Petition No. 813/2020 Rajesh Gurjar S/o Shri Prabhu Gurjar, Aged About 27 Years, R/o Hatdoli, Swai Madhopur, Rajasthan. Owner Of Vehicle Tractor Engine No. Nkb2Wde0257 Along With Trolly.
----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor, Rajasthan High Court, Jaipur Bench, Jaipur.
2. Asst. Engineeer (Mining Engineer), Mining Department, Sawai Madhopur (Raj.)
3. Station House Officer (S.h.o), Police Station Bonli, Distt. Sawai Madhopur (Raj.)
4. R.t.o, Sawai Madhopur, Rajasthan.
----Respondents
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(4 of 7) [CRLMP-2079/2020]
11.S.B. Criminal Miscellaneous (Petition) No. 3816/2020 Prem Narayan S/o Kailash Chand, Aged About 23 Years, R/o Kundera Thana Kotwali, Sawaimadhopur (Rajasthan)
----Petitioner Versus State Of Rajasthan, Through Pp
-----respondent
12.S.B. Criminal Miscellaneous (Petition) No. 5259/2020 Lokesh S/o Shri Mahaveer Kumawat, Aged About 26 Years, R/o Shivdanpura Mohanpura Teh. Indragarh, Distt. Bundi. (Owner Of Tractor Bearing Reg. No. Rj08-Rb-9004 With Trolley)
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
13.S.B. Criminal Miscellaneous (Petition) No. 5395/2020 Mohan Singh Jat S/o Shri Jagga Jat, Aged About 35 Years, Agriculturist, R/o Bharanvda Kalan Tehsil, Khandar, District Sawaimadhopur (Raj)
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Girish Khandelwal, Mr. Rajneesh Gupta, Mr. Kirodee lal Meena, Mr. Arvind Sharma, Mr. D.D.Khandelwal, Mr. Timan singh, Mr. Aditya Mishra, (Downloaded on 11/11/2020 at 09:59:43 PM) (5 of 7) [CRLMP-2079/2020] Mr. Tarun Jain For Respondent(s) : Mr. F.R.Meena, PP HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 06/11/2020 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.
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(6 of 7) [CRLMP-2079/2020] (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 revision petitions are allowed and the respective vehicles having registration Nos.RJ-25-RB-2188 & RJ-
25-EV-1776 (Tractor with Trolley), RJ-11-RB-1022 (Tractor with Trolley), Engine No.-RLC5NDA458 & Chasis No.-C00386 (Tractor with Trolley), Unregistered & Black Tyre No.-3E110182720MRF (Tractor with Trolley), RJ-25-RB-8512 (Tractor with Trolley), RJ-
34-RB-2603 (Tractor with Trolley), RJ-25-RB-7266 (Tractor with Trolley), RJ-34-RB-0722 (Tractor with Trolley), RJ-25-RB-6255 & (Downloaded on 11/11/2020 at 09:59:43 PM) (7 of 7) [CRLMP-2079/2020] RJ-29-EV-0151 (Tractor with Trolley), Engine No.-NKB2WDE0257 (Tractor with Trolley), RJ-25-RB-6840 (Tractor with Trolley), RJ-
08-RB-9004 (Tractor with Trolley), RJ-25-RA-8892 & RJ-25-EV-
1133 (Tractor with 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/- 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.
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 11/11/2020 at 09:59:43 PM) Powered by TCPDF (www.tcpdf.org)