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Madhya Pradesh High Court

Deepak vs The State Of Madhya Pradesh on 31 January, 2023

Author: Anil Verma

Bench: Anil Verma

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 31 st OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 4436 of 2023

                           BETWEEN:-
                           DEEPAK S/O PYARELAL, AGED ABOUT 42 YEARS,
                           OCCUPATION: LABOURER R/O 72/5 MOHAN NAGAR
                           DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                         .....APPLICANT
                           (BY SHRI ANOPAM CHOUHAN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION CHIMANGANJ
                           MANDI DISTT. UJJAIN (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           ( BY SHRI SUDHANSHU VYAS - PANEL LAWYER)


                                 This application coming on for admission this day, the court passed the
                           following:
                                                             ORDER

The applicant has filed this petition under section 482 of the Code of Criminal Procedure being aggrieved by order dated 19.5.2022 passed by Special Judge (NDPS Act) Ujjain in special Case No. 28/2022 whereby an application filed by applicant under section 457 of Cr.P.C. for Supurdagi of Activa vehicle of applicant bearing registration No. MP-13EV-2362 has been rejected.

The facts in brief are that on 14.5.2022 police got discrete information from the informer regarding the illegal transportation of contraband. Acting Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 01-02-2023 11:22:45 2 upon said information police party reached on the spot and intercepted Active vehicle without registration number and during search, police has recovered smack from possession of present applicant/accused. The police also seized the said vehicle. Accordingly offence has been registered against the applicant.

Applicant has preferred an application under Section 457 of Cr.P.C. before the trial court for supurdagi of the aforesaid vehicle After hearing both the parties trial court has rejected the said application by observing that the aforesaid vehicle was being used for transportation of illegal contraband without any registration number. Being aggrieved by the aforesaid order applicant has preferred this petition.

Learned counsel for applicant submits that applicant is registered owner of Activa vehicle bearing registration No. MP-13-EV-2362. He has purchased the said vehicle for personal use. He is permanent resident of District Ujjain. The vehicle is a machinery and trial will take considerable time and till then the vehicle will remain in unsafe condition. No purpose would be served to render the same unusable. Learned counsel further contended that impugned order passed by the court below is not according to law. The trial Court has committed error in rejecting the prayer of the applicant. Hence he prays that impugned order dated 19.5.2022 be set aside and seized vehicle be given on Supurdgi during the pendency of the trial to the applicant.

Per contra, learned counsel for the respondent/State opposes the prayer made by the applicant by submitting that the applicant's vehicle was found to be involved in a serious crime registered under the NDPS Act and if the vehicle in question is handed over, the same would be used for commission of another offence. As per Section 52(A)(2) of NDPS Act, the aforesaid vehicle cannot be given on Supurdnama, therefore, this revision deserves to be rejected.

I have heard the rival submissions made by learned counsel for both the parties and perused the record.

It is not disputed that the applicant is the owner of Activa bearing registration No. MP-13-EV-2362.

The Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of 4 Gujarat reported in (2002) 10 SCC 283 has held that the articles seized in any criminal case are not to be kept for a long period at police station and in any case for not more than 15 days to one month and the owner of the article should not suffer because of its remaining unused or misappropriated at police station.

Undisputedly, the condition of the vehicle is deteriorating day-by-day as the same is lying open to sky and under the heat of the sun and rains. The vehicle is loosing its value day-by-day due to lack of maintenance, natural wear and tear and passing of time. The fact regarding ownership of the applicant on the said vehicle is not contested by the respondent. Vehicle may lay idle since long in the police station. No need has been shown by the respondent/State that the said vehicle is needed during the trial and there is no likelihood of the early conclusion of the trial.

Coordinate bench of this Court in the case of Surendra Dhakad Vs. The State of M.P. vide order dated 13.1.2022 passed in M.Cr.C. No.38089/2021 has held as under:-

14. Since the provisions of the Cr.P.C. including Section 451/457 have been expressly made applicable by virtue of Section 36-C of the NDPS Act to the proceedings before the Special Court (NDPS) and there is no express bar contained in the NDPS Act for grant of interim custody as contained in Section 52C of the Indian Forest Act, 1927, as amended by the M.P. Amendment Act, 1983, Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 01-02-2023 11:22:45 4 therefore, merely on the ground that the vehicle is liable to confiscation under Section 60 of the NDPS Act, it cannot be held that once the vehicle is seized for commission of 5 offence under the NDPS Act, interim custody cannot be granted, as jurisdiction of criminal court has to be construed strictly unless expressly excluded.

In view of the above, I deem it appropriate to allow interim custody of the said vehicle to the applicant on Supurdnama.

Considering the aforesaid facts and circumstances of the case, I am of the view that it is a fit case wherein the activa vehicle bearing registration No. MP-13-EV-2362 be given on supurdagi to the applicant. Therefore, this petition is allowed and the impugned order dated 19.5.2022 passed by the trial Court is hereby set aside. It is directed that the aforesaid vehicle be released on Supurdgi to the custody of the applicant upon his furnishing Supurdginama of Rs.75,000/- in the like amount to the satisfaction of the Court concerned subject to the following conditions:-

(i) The applicant shall not change the original nature/colour of the vehicle.

(ii) The applicant will not alienate or transfer the said vehicle to any third party or shall not create any interest of third party.

(iii) In case, in the opinion of the Court the applicant does not produce the vehicle in the condition in which it was given in his possession, the applicant shall pay the amount which would be determined by the court.

(iv) In case of confiscation of the vehicle by the competent authority the applicant shall produce the vehicle or the cost in lieu thereof as determined by the competent authority at his own risk and cost as and when directed by the competent authority.

With the aforesaid directions, this M.Cr.C. stands disposed of.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 01-02-2023 11:22:45