Nandram Gawli vs State Of Madhya Pradesh

This is a petition against dismissal of the application of the petitioner for releasing the motorcycle bearing registration No.MP70-MA-6378 in Sessions Trial No.14/19 initiated on the basis of Crime No.46/19 registered at Police Station-Bhojpur, District-Rajgarh under Section 8/20 of NDPS Act, 1985 for using the same to carry 5 k.g. cannabis (ganja) by accused Samad S/o Munshi Khan. The sessions trial is pending before the Special Judge, NDPS Act, Rajgarh and the impugned order is delivered on 04/07/2019.

The petitioner is claimed that he is registered owner of the vehicle. The fact is not disputed by the prosecution.

Submission of the petitioner is that Samad is his friend. He asked for motorcycle to go to see his ailing relative.

The trial Court has dismissed the application solely on the ground that the motorcycle is subject to confiscation as being used in transportation of contraband.

The trial against Samad Khan is pending and it may take sometime to decide whether the vehicle is liable to be confiscated or not.

Objection of the prosecution is that the petitioner is himself an accused in the crime registered against him.

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

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 5301 has 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.MP70-MA-6378 to the custody of the petitioner, therefore, this petition is allowed. It is directed that the motorcycle bearing registration No.MP70-MA-6378 be released to the petitioner-Nandram Gavli 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 to 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.

With the aforesaid directions, petition stands disposed of.