Shankar Rajdev Yadav vs State Of Gujarat on 17 June, 2020

[Cites 3, Cited by 123]

Gujarat High Court

Shankar Rajdev Yadav vs State Of Gujarat on 17 June, 2020

Bench: R.P.Dholaria

         R/SCR.A/359/2020                                     ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 359 of 2020
================================================================
                            SHANKAR RAJDEV YADAV
                                    Versus
                              STATE OF GUJARAT
================================================================
Appearance:
MR SUDHANSHU A JHA(8345) for the Applicant(s) No. 1
MR R C KODEKAR APP for the Respondent(s) No. 1
================================================================
 CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA
                    Date : 17/06/2020
                     ORAL ORDER

[1] By way of present petition, the petitioner seeks to invoke an extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for release of his muddamal vehicle bearing Registration No. GJ-05-V-899 (Model No. LPT - 407EX2/34WB] [2] Heard learned advocates for the respective parties through video conferencing.

[3] The petitioner claims interim custody of the vehicle in question which came to be seized during the course of investigation of the case. Th petitioner claiming to be owner of the vehicle, preferred an application before the learned Magistrate for seeking interim custody which came to be rejected and thereafter, he preferred revision application which has also been dismissed. By way of this petition, the petitioner has challenged the aforesaid orders before this Court inter alia contending that the vehicle in question is lying idle at the police station and it would be destroyed if the custody is not given to him.

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              R/SCR.A/359/2020                                       ORDER




[4]                Having heard learned advocates for the respective parties

and on overall consideration of the matter, since the vehicle in question involved in the crime is lying idle at the police station and it would be sheer loss of the nation, this Court while exercising the powers as envisaged under the provisions of the Code of Criminal Procedure, is of the considered opinion that the vehicle be handed over to the person who is entitled thereto for interim custody.

[5] In the result, the petition is allowed. The learned Magistrate shall, after making necessary inquiry as regards the petitioner's status who is claiming to be entitled to interim custody of the vehicle bearing Registration No. GJ-05-V-899 (Model No. LPT - 407EX2/34WB], hand over the vehicle to him on following terms and conditions:

(i) The petitioner shall file an undertaking on oath before the learned Magistrate that he shall not transfer, alienate or part with possession of the vehicle till conclusion of the case and further, produce the vehicle as and when he is directed to do so;

(ii) The petitioner shall not change the colour and scheme of the vehicle.

(iii) Before release of the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

[6] Rule is made absolute to the aforesaid extent.

Registry to communicate this order to the concerned Court/ authority through Fax and Email.

(R.P.DHOLARIA, J) Pallavi/chandrashekhar Page 2 of 2 Downloaded on : Wed Jun 17 23:13:44 IST 2020

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