Ramkumar @ Ramu Goyal vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This petition invoking inherent powers of this Court under Section 482 CrPC has been filed by the petitioner against the order dated 22.02.2023 passed by Special Additional Sessions Judge (Dacoity) Gohad District Bhind in Criminal Case No.35/2023 by which application under Section 451 of CrPC filed by the petitioner for Supurdginama of the articles has been dismissed.

Learned counsel for the petitioner submitted that the TIP of the aforesaid articles was conducted in which the petitioner has rightly identified the entire articles in front of the competent authority. Inspite of this fact, learned trial court passed the impugned order. The articles in question is in the custody of respondent since the date of its recovery, therefore, condition of article in question is deteriorating day by day or chances of its pilferage is at high risk. In such circumstances, it would be just and proper to release the said articles in favour of the petitioner.

On the other hand, learned State counsel opposed the prayer and submitted that the Court below has rightly rejected the application. 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. Therefore, he prays for dismissal of the instant petition.

The Apex Court in Sunderbhai Ambalal Desai Vs.State of Gujarat, (2002) 10 SCC 283 has 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."

Having heard learned counsel for the rival parties and taking into consideration aforesaid decision of the Apex Court, in the considered opinion of this Court, the application seeking Supurdgi of the articles as well as cash ought to have been allowed by the Court below as no useful purpose would be served in keeping the same in custody. Accordingly, present petition is allowed. Impugned order dated 22.02.2023 is set aside and it is directed that on furnishing Rs.50,000/- as surety bond to the satisfaction of the trial Court and proving ownership of the said articles, the said articles and cash be given in Supurdgi to the petitioner on following conditions:-

(i) whenever it would be required by the competent Court the said articles will be produced by the petitioner on his own expenses at the place as would be directed in this regard;

(ii) at the time of release of the said articles on Supurdginama, the aforesaid Authority shall ensure to take note of the aforesaid articles and keep on record;

(iii) the petitioner shall neither alter or change the condition of the aforesaid articles in any manner whatsoever during pendency of the litigation;

(iv) the petitioner shall not create any third party rights over the aforesaid articles;

(vi) in the event, all or any of the aforesaid conditions are found to have been violated, the respondent / State is at liberty to move this Court for modification / variation of the order passed by this Court today.

With aforesaid, the petition stands disposed of.

Certified copy as per rules.