Sarafat Khan vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This petition has been filed by the petitioner under Section 482 of Cr.P.C. against the order dated 21.01.2023 passed by the CJM Morena in Crime No.132/2023, whereby application of the petitioner filed under Section 451, 457 of Cr.P.C. for giving supurdgi of Tractor No. MP07 ZD 6093 has been dismissed.

Brief facts of the case are that said vehicle was being used by accused persons for transporting illegal sand. The said vehicle was seized having been found involved in the offence. After its seizure, petitioner filed an application before the Court below for taking Supurdgi of the said vehicle. The Court below dismissed the said application.

It is submitted by learned counsel for the petitioner that he is the owner of the seized vehicle. He shall abide by every terms and conditions which shall be imposed by this Court and prayed for giving Supurdgi of the said seized vehicle.

Heard learned counsel for the parties.

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.

I n view of the aforesaid, in the considered opinion of this Court, the application seeking Supurdgi of the seized vehicle ought to have been allowed by the Court below imposing appropriate conditions as no useful purpose would be served in keeping the seized vehicle in police custody. Accordingly, impugned order dated 21.01.2023 is set aside and application under Section 451 of Cr.P.C. is allowed and it is directed that on proving ownership of said vehicle by the petitioner and furnishing adequate surety to the satisfaction of the Court below, the aforesaid vehicle be given on Supurdginama to the petitioner, subject to following conditions:

(1) That, the petitioner shall produce the said vehicle before the trial Court as and when directed;

(2) That, in the meantime, he shall not alienate the aforesaid vehicle or make use of the same for any unlawful purpose;

(3) That, he shall not carry out any change in the colour and outward appearance of the said vehicle.

With the aforesaid, this petition stands disposed of.