Rajasthan High Court - Jaipur
Arsad S/O Iliyas Khan B/C Mev vs State Of Rajasthan on 10 December, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7915/2018
Arsad S/o Iliyas Khan B/c Mev, R/o Bhand Ki Dhani Guwalda,
Tehsil Tijara, District Alwar, Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Ms. Sunita Vashistha For Respondent(s) : Mr. Ganesh Saini, PP HON'BLE MR. JUSTICE INDERJEET SINGH Order 10/12/2019 Counsel for the petitioner submitted that the vehicle of the petitioner i.e. Tractor number UP-81-V-0137 with trolly & compressor has been seized by the police in connection with FIR No.328/2018 registered at police station Bhiwadi Phase-3, District Alwar. Counsel further submits that along with the vehicle of the petitioner, some of other vehicle of co-accused Umar Mohammad was also seized by the police and on filing of the petition for release of the vehicle, this Court in S.B. Criminal Misc. (Petition) No.6102/2018 while allowing the misc. petition on 28.09.2018 passed the following order with regard to same FIR No.328/2018.
"The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 18.09.2018 passed by Judicial Magistrate, Bhiwadi, District Alwar, be set aside, whereby the said court refused to release Tractor No. RJ-02-RB-8200 alongwith Trolley to the petitioner.
The learned counsel for the petitioner has contended that petitioner is a registered owner of the vehicles in question.
The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending qua the tractor trolley and the same are case property of case FIR No.328/2018, registered at Police Station Bhiwadi, Phase III, District Alwar, (Downloaded on 07/06/2021 at 06:22:38 AM) (2 of 3) [CRLMP-7915/2018] for the offences under Sections 379 and 120-B IPC and Sections 33, 41 and 42 of Rajasthan Forest Act.
I have heard the learned counsel for the parties.
The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.
Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial court is directed to release the tractor and trolley seized as case property by imposing following conditions:-
a) That the petitioner shall keep the tractor and trolley so released intact and shall not change their identification.
b) That the petitioner shall produce the tractor and trolley as and when trial court requires the same for proposed identification of the case property.
c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.
(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.
Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle."
Counsel for the petitioner submitted that the case of the petitioner is similar to that of co-accused Umar Mohammad and therefore, prayed that his vehicle be also released on supardagi.
Learned Public Prosecutor has opposed the misc. petition. Considering the facts and circumstances of the present case and also considering the order passed by Co-ordinate Bench in the matter of Umar Mohammad (supra) the present misc. petition is allowed and the trial Court is directed to release the Tractor number UP-81-V-0137 along with trolly & compressor seized as case property by imposing following conditions:-
a) That the petitioner shall keep the tractor, trolley and compressor so released intact and shall not change their identification.(Downloaded on 07/06/2021 at 06:22:38 AM)
(3 of 3) [CRLMP-7915/2018]
b) That the petitioner shall produce the tractor trolley and compressor as and when trial court requires the same for proposed identification of the case property.
c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.
(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.
Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
(INDERJEET SINGH),J Arun/72 (Downloaded on 07/06/2021 at 06:22:38 AM) Powered by TCPDF (www.tcpdf.org)