Madhya Pradesh High Court
Jabir Khan vs The State Of Madhya Pradesh on 10 April, 2017
MCRC-3313-2017
(JABIR KHAN Vs THE STATE OF MADHYA PRADESH)
10-04-2017
Shri S.P.Tiwari, learned counsel for the applicant.
Shri Ramji Pandey, learned P.L for the respondent/State.
Heard.
This application under Section 482 Cr.P.C has been filed to quash the order dated 17.2.2017.
The vehicle Commander Jeep Registration No.MP19F/1630 was seized in connection with Crime No.13/2017 for offence under Section 3 r/w Section 7 of the Essential Commodities Act by Police Station Gurh District-Rewa. It is stated that the vehicle was being plied by using kerosine oil, therefore, the same has been seized and offence has been registered.
On behalf of the applicant, it is submitted that he is the registered owner of the vehicle Commander Jeep No.MP19F/1630. It is also stated that the vehicle has been seized by the RTO Rewa in connection with offence under Section 66/192 of the Motor Vehicle Act, however, on deposit of the fine of Rs.16200/-+3000/- totaling Rs.19200/-, it was order of RTO dated 11.1.2017, the vehicle was to be released. When the applicant tried to obtain the possession of the Jeep, it is stated that the same has been seized in connection with offence under the E.C. Act.
Learned counsel for the applicant submits that the applicant is the registered owner of the vehicle. The vehicle if kept in the Police Station, will be damaged, therefore, it be released on supurdnama.
Learned Panel Lawyer vehemently opposed the contention and submitted that the Collector Rewa has initiated confiscation proceedings against the Jeep, therefore, it would not be appropriate to release the vehicle.
Considering the fact that the trial is in progress and it would not be appropriate for the Confiscation Authority to pass any final order before the disposal of the criminal case. Keeping in view the guidelines given by Hon'ble the Apex Court in the case of Suderbhai Amvalal Desai Vs.State of Gujrat 2002 Supp(4) SCR 217, this application is allowed.
It is directed that the Commander Jeep Registration No.MP19F/1630 be delivered to the applicant on Supurdginama subject to producing the original registration certificate and insurance paper if any, on satisfying the following conditions:
(i) That, the applicant shall furnish a personal bond in the sum of Rs.4,00,000/- (Rupees Four Lacs Only) with one solvent surety in the like amount to the satisfaction of the trial Court on an undertaking to produce the said vehicle before the trial Court or the Confiscation Authority as and when required.
(ii) That, the applicant shall get the vehicle photographed showing the registration number as well as the chassis number of the same. Such photographs shall be taken in the presence of the responsible officer, who will be deputed by the trial Court and to be kept in the file of the case.
(iii) That the personal bond of the applicant as well as surety shall carry the photographs of both and the bond of surety shall further carry the photograph of person identifying him before the Court which would be with full residential proof of the surety and the person in defying him.
(iv) The applicant shall undertake not to transfer the ownership of the vehicle and shall not lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.
(v) The applicant will not allow the vehicle to be used for any anti-social activities.
(vi) In the event of confiscation order by the Court competent, the applicant shall keep the vehicle present positively for confiscation.
With the aforesaid directions, this revision stands disposed of. A copy of this order be sent to the learned trial Court concerned, for necessary compliance.
C.C as per rules.
(SUSHIL KUMAR PALO) JUDGE nd