Data Ram vs State of Rajasthan

Ajay Rastogi, J.—In this criminal misc. petition u/s. 482, Cr.P.C. petitioner has assailed-order dt. 16.5.05 of Additional Sessions Judge Dholpur whereby he rejected criminal revision petition No.59/05 and upheld the order dt. 29.4.05 of Chief Judicial Magistrate Dholpur, who rejected petitioner''s application moved u/s. 457, Cr.P.C. for release of his truck No.MP/06/E/2425 on superdginama.

Petitioner is registered owner of truck No.MP/06-E/2425, which was transporting 39 LPG cylinders on 11.4.05. The aforesaid truck and cylinders were seized by the police and FIR No.98/2005 was registered at PS Maniya (Dholpur) for offence u/s. 3/7 of Essential Commodities Act.

Petitioner being registered owner of the seized truck moved an application U/ s. 457 Cr.P.C. for its release on superdginama but the same was rejected by CJM Dholpur vide order dt. 29.4.05, against which revision petition was filed by petitioner and it was also rejected by Additional Sessions Judge, Dholpur vide order dt. 16.5.05. Hence this petition.

Having heard learned counsel for petitioner and Public Prosecutor and considered their contention, as also material on record, it is clear that the release of the truck was declined by both the courts below on sole ground that it is one of material evidence and will be required during investigation and because proceedings U/s. 6A of Essential Commodities Act are yet to be initiated. It is not in dispute that the truck is lying in custody of SHOPS Mania in an open place and chances of its being damaged on account of its exposure to natural effects like sun & rain etc. which is imminent, rather it will diminish its value and also deprive the petitioner of his regular income, which will also add to national loss.

Despite query made by this Court vide order dt. 30.5.05 as to whether any application U/s. 6A of the Essential Commodities Act has been moved by the SHO before the competent authority or not, the prosecution has failed to respond the query.

It is a common experience that whenever a vehicle is seized and kept at police station, its conditions deteriorates day by day, and one day it becomes a scrap even before trial of the case is concluded and thereby it not only becomes individual loss but also a national loss because if the vehicle is on its wheels then it is used for transportation and earns revenue to the State also and therefore, as far as practical, vehicle should not be permitted to be ruined at police station, as has been held by this Court in Chanduram Vs. State (1994(2) RLR 507) and...............

I am not satisfied with the justification furnished by courts below in rejecting application filed U/s. 457 Cr.P.C. Consequently, this petition is allowed. Orders dt. 29.4.05 of the CJM and dt. 16.5.05 of the Additional Sessions Judge, Dholpur are hereby set aside. Hence taking into consideration all the facts & circumstances of the case, truck No.MP-06/E/2425 seized in FIR No.98/05 registered PS Mania (Dholpur) for offence u/s. 3/7 of Essential Commodities Act be released on Superdginama and delivered to the petitioner during pendency of investigation, inquiry and trial on his furnishing a security in a sum of Rs.3.5 lacs (three & half lacs only) to the satisfaction of the trial Court on his fulfilling following conditions:

(1) that he shall get three coloured cabinet size photographs of the truck in question each set showing -

(a) number plates; (b) chesis number; (c) engine number; (d) total body of the truck;

(2) that he shall not change the colour or alter numbers or tamper with the evidence in any manner;

(3) that without prior permission of the trial Court, he shall not transfer or alienate the said truck during pendency of the trial;

(4) that he shall produce the said truck before the trial court and/or competent authority under the Essential Commodities Act as & when ordered.