Kanhaiyalal vs State Of Madhya Pradesh

This is a petition for release of motorcycle bearing registration No.MP-11-MU-5132 which is seized by the police from the possession of the co-

accused Imalklal in Crime No.241/2019 under Sections 8/20 of NDPS Act, 1985.

There is no dispute that the petitioner is a registered owner of the motorcycle.

Learned trial Court has dismissed the application considering the seriousness of the offence.

The allegation against the petitioner is that he was the registered owner of the said vehicle which was used by accused Imalklal for transporting the

1 kg 700 gram of cannabis.

Looking to the evidence collected during investigation and other facts and circumstances of the case, chances of requirement of the vehicle during

the prosecution evidence are very bleak.

The Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in (2002) AIR SCW 530 1has held that the

articles seized in any criminal case are not to be kept for long time 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 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. Considering the facts that the ownership

of the petitioner on the said vehicle is not contested by the respondent, the vehicle is lying idle since long in the Police Station, no need has been shown

by the respondent/State that the said vehicle is needed during trial and there is no likelihood of early conclusion of the trial, I deem it proper to allow

the petition and allow the interim custody of the said vehicle to the petitioner on Supurdginama.

Considering the aforesaid facts and circumstances of the case, I am of the view that it is a fit case to release the motorcycle bearing registration

No.MP-11-MU-5132 to the custody of the petitioner, therefore, this petition is allowed. It is directed that the motorcycle bearing registration No.MP-

11-MU-5132 be released to the petitionerâ€"Kanhaiyalal S/o Laxman Jaiswal subject to depositing of Rs.40,000/- (Rupees Fourty Thousand) before

the trial Court and upon his furnishing Supurdaginama of Rs.50,000/- (Rupees fifty thousand) with a surety in the like amount to the satisfaction of the

Court concerned after verification of the title of the vehicle subject andto the condition following conditions :-

(I) The petitioner shall not change the original nature/colour of the vehicle.

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

(III) The petitioner shall produce the said vehicle before the Court as and when directed by the Court during trial at his own risk and

cost.

(IV) In case, in the opinion of the Court the petitioner does not produce the vehicle in the condition in which it was given in his

possession, the petitioner shall pay the amount which would be determined by the court.

(V) In case of confiscation of the vehicle by the competent authority the petitioner 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.

Learned Trial Court shall fix deposit the amount deposited by the petitioner with any Nationalized Bank for the period which can fetch maximum

interest with further auto renew option, if available or it be further renewed as and when required. Disbursement of the amount so deposited shall be

subject to the order of the Court.

With the aforesaid directions, petition stands disposed of.