Madhya Pradesh High Court
Dharmendra Singh vs The State Of Madhya Pradesh on 23 November, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 52253/2021
(Dharmendra Singh Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated :23/11/2021
Shri D.S. Tomar, learned cunsel for the petitioner.
Shri Alok Sharma, learned Panel Lawyer for the respondent-
State.
Heard finally with the consent of the parties.
2. The present petition under Section 482 of Code of Criminal Procedure has assailed the order dated 12/07/2021 passed by the II Additional Sessions Judge, Bhind in CRR No.82/2021 affirming the order dated 22/06/2021 passed by the CJM, Bhind in Case No. / 2021, whereby the Tractor bearing No. M.P. 30-AB-3062 alongwith sand has been confiscated.
3. The brief facts leading to filing of this case are that on 13/01/2021 Town Inspector Udaybhan Singh Yadav on information of Mukhbir reached at old Railway Station, Bhind when he checked a Tractor bearing registration M.P. 30-AB-3062, it was found filled with sand. On the basis of the aforesaid an offence was registered against the petitioner at Crime No.36/2021 by Police Station- City Kotwali District Bhind (M.P.) for the offences punishable under Section 379 and 414 of IPC and Section 53 of the Mines and Minerals Act and the aforesaid tractor was seized. In this regard, a case was also registered before the Collector, Bhind (M.P.) who imposed the fine of Rs. 25,000/- which has already been deposited.
4. The petitioner being a registered owner of the said tractor bearing registration No. M.P. 30-AB-3062 filed an application under Sections 451 and 457 of the Cr.P.C before the CJM, Bhind (M.P.) for HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 52253/2021 (Dharmendra Singh Vs. The State of Madhya Pradesh ) (2) releasing the aforesaid vehicle which was dismissed vide order dated 22/06/2021. Being aggrieved by the same, Criminal Revision was filed before the Second Additional Sessions Judge, Bhind and the same was dismissed affirming the order of CJM, Bhind. Being aggrieved, this petition under Section 482 of the Cr.P.C has been filed.
5. Learned counsel for the petitioner submitted that petitioner is the owner of the said vehicle which is used for purpose of agriculture and the aforesaid vehicle is in custody of police and is lying in open sky while it requires continuous maintenance from time to time and if it is kept locked, the engine and other parts of the said vehicle will be out of order and the same will become useless for any work. Learned counsel for the petitioner further submitted that there is no use of keeping the said vehicle in police custody for years till the trial is over. Trial is not likely to conclude in near future and may take long time. In such circumstances, it would be just and proper to release the said vehicle of the petitioner.
6. On the other hand, learned Panel Lawyer opposed the prayer and submitted that the orders impugned are just and proper. He further submits that no palpable error on the face of record has been pointed out by learned counsel for the petitioner in the order impugned. The said vehicle would be required during the trial for describing the nature of the property in detail, therefore he prays for HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 52253/2021 (Dharmendra Singh Vs. The State of Madhya Pradesh ) (3) dismissal of the instant petition.
7. Heard learned counsel for the rival parties.
8. The Apex Court in the case of Sundar Bhai Ambalal Desai vs. State of Gujrat reported in (2002) 10 SCC 283 has laid down the procedure for disposal of the valuable items like currency, liquor, vehicle and narcotics drugs and has held as under :-
"Powers under Section 451 of Cr.P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely:-
1. Owner of the article would not suffer because of its remaining unused or by its misappropriation.
2. Court or the police would not be required to keep the article in safe custody;
3. If the proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the properly in detail; and
4. This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles.
9. On bare reading of the said dictum laid down by the Apex Court, section 451 of Cr.P.C. clearly empowers the court to pass appropriate order with regard to such property, such as (1) for the proper custody pending conclusion of the inquiry or trial;
(2) to order it to be sold or otherwise disposed of, after recording such evidence as it think necessary; (3) if the property is subject to speedy and natural decay, to dispose of the same.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 52253/2021 (Dharmendra Singh Vs. The State of Madhya Pradesh ) (4)
10. The Apex Court in the case of Sundar Bhai (supra) has further held as under :-
"However these powers are to be exercised by the concerned Magistrate. We hope and trust that the concerned Magistrate would take immediate action for seeing that powers under Section 451 Cr.P.C. are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. This object can also be achieved if there is proper supervision by the Registry of the concerned High Court in seeing that the rules framed by the High Court with regard to such articles are implemented properly."
11. Apex Court in the case of General Insurance Council and others Vs. State of A.P. And others reported in 2010 AIR (SCW) 2967 has held as under :-
15. It is a matter of common knowledge that as and when vehicles are seized and kept in various police stations, not only they occupy substantial space of the police stations but upon being kept in open, are also prone to fast natural decay on account of weather conditions. Even a good maintained vehicle loses its road worthiness if it is kept stationary in the police station for more than fifteen days. Apart from the above, it is also a matter of common knowledge that several valuable and costly parts of the said vehicles are either stolen or are cannibalised so that the vehicles become unworthy of being driven on road. To avoid all this, apart from the aforesaid directions issued hereinabove, we direct that all the State Governments/ Union Territories/Director Generals of Police shall ensure macro implementation of the statutory provisions and further direct that the activities of each and every police stations, especially with regard to disposal of the seized vehicles be taken care of by the Inspector General of Police of the concerned Division/Commissioner of Police of the concerned cities/Superintendent of Police of the concerned district.
12. In view of the aforesaid, this Court is of the considered HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 52253/2021 (Dharmendra Singh Vs. The State of Madhya Pradesh ) (5) opinion that the courts below did not take into consideration that keeping vehicle in the police station for a long period is of no use. The courts below ought to have passed appropriate orders by taking appropriate bond and guarantee as well as security for return of the vehicle.
13. Accordingly, impugned order dated 12/07/2021 passed by the II Additional Sessions Judge, Bhind in CRR No.82/2021 so also the order dated 22/06/2021 passed by the CJM, Bhind in Case No. / 2021, so far as they relate to confiscation of the Tractor bearing No. M.P. 30-AB-3062, are hereby set-aside.
14. It is directed that on proving ownership of Tractor bearing No. M.P. 30-AB-3062 by the petitioner and furnishing a personal bond in the sum of Rs.8,00,000/- (Rupees Eight Lakh only) alongwith one solvent surety of the same amount to the satisfaction of the CJM concerned, the aforesaid Tractor bearing No. M.P. 30- AB-3062 be released on Supurdginama, subject to following conditions :
(1) That, the petitioner shall produce the said tractor before the trial Court as and when directed to do so;
(2) That, in the meantime, he shall not eliminate the aforesaid vehicle or make use of the same for any unlawful purpose; (3) That, he shall not carry out any change in the colour and outward appearance of the said tractor.
With the aforesaid directions, this petition under Section 482 of Cr.P.C. stands allowed.
(S.A.Dharmadhikari) Judge Prachi PRACHI MISHRA 2021.11.24 10:26:15 +05'30'