Deepak Patel vs State Of MP

Vivek Agarwal, J

This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short “Cr.P.Câ€) is directed against the order dated

13.11.2021 passed by the learned Special Judge (NDPS Act), Rewa in MJCR No.1515/2021 dismissing the application filed under Section 457 of

Cr.P.C. for releasing the vehicle on Supurdaginama.

After hearing learned counsel for the parties and perusing the material available on record, it is found that vehicle in question has been seized in

connection with offence under Section 8/20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “N.D.P.S Actâ€) registered

at Police Station Mangawan, District Rewa pertaining to Crime No.392/2021. Trial will take time for its conclusion. In such circumstances, there is no

justification to keep the vehicle idle in the police station.

In view of the law enunciated by the Supreme Court in the case of Sunderbhai Ambalal Desai versus State of Gujarat 2003 SCC (Cri) 1943, it is

evident that if the vehicle in question is kept lying in open in the police station, there is a possibility of the vehicle being deteriorated/damaged on

account of weather & other facts and the conclusion of trial is likely to take sufficient long time, therefore, the impugned order cannot be said to be

just & proper.

Accordingly, this criminal revision is allowed. The impugned order dated 13.11.2021 passed by the learned Special Judge (NDPS Act), Rewa in

MJCR No.1515/2021 is hereby set aside. The Court below is directed to release the vehicle in question on Supurdginama.

It is directed that the seized vehicle i.e. Motorcycle bearing registration No.MP-17-MX-2503 shall be delivered to the applicant on Supurdginama

subject to producing the original registration certificate & further on satisfying the following conditions:-

(i)That, the applicant shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) for the aforesaid vehicle with two solvent

sureties in the like amount to the satisfaction of the Trial Court on an undertaking to produce the said vehicle before the Trial Court as and when

required.

(ii) The applicant shall undertake not to transfer the ownership of the vehicle and not to lease it to anyone and not to alienate or create any third party

interest and not to make or allow any changes in it so as to make it unidentifiable.

(iii) The applicant shall not run the vehicle without current registration number.

With the aforesaid directions, this criminal revision stands allowed & disposed of.

Certified copy as per rules.