Rajasthan High Court - Jaipur
Tulsiram Mali S/O Shri Jagannath Mali vs State Of Rajasthan on 17 December, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Criminal Writ Petition No. 923/2020
Tulsiram Mali S/o Shri Jagannath Mali, R/o Maliyonkamohalla
Banetha Uniyara Dist. Tonk Raj. (Owner Of Tractor Bearing No
Rj26-Rb-7066 With Trolley)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp Raj. High Court Jaipur
Bench Jaipur
2. Asst. Engineer (Mining Engineer), Mining Department
Tonk Raj.
3. S.h.o., Ps Banetha Tonk Raj.
4. R.t.o., Tonk Raj.
----Respondents
Connected with
2. S.B. Criminal Writ Petition No. 927/2020
Mukesh Jat S/o Shri Badrilal Jat, R/o Vill. Sangrampura Rupwas
Uniyara Dist. Tonk Raj.(Owner Of Tractor Bearing No. Rj18-Rb-
4164 With Trolley)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp Raj. High Court Jaipur
Bench Jaipur
2. Asst. Engineer (Mining Engineer), Mining Department
Tonk Raj.
3. S.h.o., Ps Banetha Tonk Raj.
4. R.t.o., Tonk Raj.
----Respondents
3. S.B. Criminal Writ Petition No. 931/2020
Surendra Meena S/o Shri Onkar Meena, Aged About 21 Years,
R/o Kheda, Post Lakhanpur, Tehsil Bonli, District Sawai
Madhopur (Raj.) (Owner Of Tractor Bearing Registration
Number Rj-25-Rb-6893 With Trolley)
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----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
Rajasthan High Court Jaipur Bench Jaipur.
2. Asst. Engineer (Mining Engineer), Mining Department, Sawai Madhopur.
3. Station House Officer(S.h.o.), Bamanwas, District Sawai Madhopur.
4. R.t.o., Sawai Madhopur, Rajasthan.
----Respondents
4. S.B. Criminal Writ Petition No. 932/2020 Ram Bharosi Meena S/o Shri Kanhaiya, Aged About 40 Years, R/o Barnal, District Sawai Madhopur (Raj.) (Owner Of Tractor Bearing Chassis And Engine Number Mbngaajdulrc00343 And Rlc5Nda0383 With Trolley)
----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor Rajasthan High Court Jaipur Bench Jaipur.
2. Asst. Engineer (Mining Engineer), Mining Department, Sawai Madhopur.
3. Station House Officer(S.h.o.), Bamanwas, District Sawai Madhopur.
4. R.t.o., Sawai Madhopur, Rajasthan.
----Respondents
5. S.B. Criminal Writ Petition No. 944/2020 Bijendra S/o Shriramgopal Singh, R/o Varailapura Moroli Dist. Dholpur Raj. (Owner Of Tractor Bearing No Rj11-Ra- 6802 With Trolley)
----Petitioner Versus
1. State Of Rajasthan, Through Pp Raj. High Court Jaipur Bench Jaipur
2. Asst. Engineer (Mining Engineer), Mining (Downloaded on 18/12/2020 at 09:51:02 PM) (3 of 8) [CRLW-923/2020] Department Dholpur Raj.
3. S.h.o., Ps Nihalganj Dholpur Raj.
4. R.t.o., Dholpur Raj.
----Respondents
6. S.B. Criminal Writ Petition No. 950/2020 Firoz Khan S/o Salim Khan, Aged About 27 Years, R/o Rasoolpura, P.s. Malanra Doongar, Swai Madhopur, Rajasthan Owner Of Vehicle Tractor No. Rj-25-Rb-8304 Along With Trolley
----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor, Rajasthan High Court, Jaipur Bench, Jaipur
2. Assistant Engineer (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
7. S.B. Criminal Writ Petition No. 951/2020 Chandra S/o Shri Badri Lal, Aged About 35 Years, R/o Motipura, P.s. Bonli, Swai Madhopur, Rajasthan Owner Of Vehicle Tractor No. Rj-25-Ra-9329 Along With Trolley
----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor, Rajasthan, High Court, Jaipur Bench Jaipur
2. Assit. Enigneer (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 Madhopru, Rajasthan
----Respondents (Downloaded on 18/12/2020 at 09:51:02 PM) (4 of 8) [CRLW-923/2020]
8. S.B. Criminal Writ Petition No. 952/2020 Mohammed Hasim S/o Ahdul Haneef, Aged About 32 Years, R/o Bonli, P.s. Bonli Swai Madhopur, Rajasthan Owner Of Vehicle Tractor No. Rj-34-Ra-9835 Along With Trolley
----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor Rajasthan High Court, Jaipur Bench Jaipur
2. Asstt. Engineer (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
9. S.B. Criminal Misc. (Petition) No. 6310/2020 Ghanshyam S/o Badrilal Gurjar, Aged About 32 Years, R/o Nimod, Police Station Bonli, Distt. Sawai Madhopur Raj.
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
10. S.B. Criminal Misc. (Petition) No. 6314/2020 Surgyaan Son Of Shravanlal Meena, Resident Of Chharoda, Tehsil And District Sawai Madhopur (Rajasthan)
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
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11. S.B. Criminal Misc. (Petition) No. 6344/2020 Niroti S/o Shri Gyasi, R/o Gopalpura, Taseemo, District Dholpur. (Owner Of Tractor Bearing Reg. No. Rj11-Rb-0484 With Trolley)
----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Superintendent Of Police, District Bharatpur, Raj.
3. S.h.o., Mathura Gate, Bharatpur, Raj.
----Respondents
12. S.B. Criminal Misc. (Petition) No. 6393/2020 Ramsagar Meena S/o Shri Mojiram Meena, Aged About 38 Years, R/o Bilota, P.s. Aligar Tehsil Uniyara, District Tonk (Raj.) (Owner Of Tractor Chassis And Engine No. Mbngaaekpljb00058, Nlb7Fae0010 With Trolley)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Madhvendra Sharma, Mr. Arvind Sharma, Mr. Aditya Mishra, Mr. Satish Kumar Khandelwal, Mr. Girish Khandelwal, Mr. Aditya Mishra For Respondent(s) : Mr. Ramesh Choudhary, PP HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order (Downloaded on 18/12/2020 at 09:51:02 PM) (6 of 8) [CRLW-923/2020] 17/12/2020 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.
(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."
(Downloaded on 18/12/2020 at 09:51:02 PM)(7 of 8) [CRLW-923/2020] 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 petitions are allowed and the respective vehicles having registration Nos.RJ-26-RB-7066 (Tractor with Trolley), RJ-18-RB-4164 (Tractor with Trolley), RJ-25-RB-6893 (Tractor with Trolley), Engine No.MBNGAAJDULRC00343 (Tractor with Trolley), RJ-11-RA-6802 (Tractor with Trolley), RJ-25-RB-
8304 (Tractor with Trolley), RJ-25-RA-9329 (Tractor with Trolley), RJ-34-RA-9835 (Tractor with Trolley), RJ-25-RB-5657 (Tractor with Trolley), RJ-25-RC-0133 & RJ-25-EV-0674 (Tractor with Trolley), RJ-11-RB-0484 (Tractor with Trolley), Engine No.MBNGAAEKPLJB00058 (Tractor with Trolley) involved in these matters shall be released on the following terms:
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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/- each 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 18/12/2020 at 09:51:02 PM) Powered by TCPDF (www.tcpdf.org)