Sulochana Swain vs State of Orissa

R.N. Biswal, J.—The order dated 4-6-2004 passed by the S.D.J.M., Jajpur in Misc. Case No. 20 of 2004 arising out of G.R. Case No. 927 of 2004 wherein he rejected the petition u/s 457, Cr. P.C. filed by the petitioner to release the Yahama motor cycle bearing registration No. OR-02 F-6521 in her favour is under challenge in this revision.

The petitioner is the registered owner of the aforesaid Yahama motor cycle. It was seized by the police personnel of Barachana Police Station on the allegation that it was used in commission of an offence u/s 395, IPC in G.R. Case No. 927 of 2003 of the aforesaid Court and kept in Police Station premises. Admittedly the petitioner in whose name the motor cycle stands is not an accused in that case. So she filed a petition u/s 457, Cr. P.C. before the S.D.J.M. Jajpur for interim custody of the vehicle, but it was rejected since the vehicle was not insured from 24-6-2001 onwards. Being aggrieved with the said order, the petitioner has preferred this Revision.

Learned counsel for the petitioner submits that in no circumstance a vehicle seized should be kept at the Police Station for a long period. In support of his submission he relied upon the decision in Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat, where it has been held (paras 17 & 21) :

"In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

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However, those 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 u/s 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."

In view of this decision a vehicle seized by the police personnel should not be kept for a long time at a Police Station, in any case, for not more than 15 days to one month.

In the present case as mentioned earlier the S.D.J.M. Jajpur rejected the petition filed u/s 457, Cr. P.C. since the vehicle was not insured from 24-6-2001 onwards. No doubt as per Section 146(1) of the Motor Vehicles Act, no person shall use except as a passenger or cause or allow other person to use a motor vehicle in a public without a policy of Insurance. Violation of this provision is punishable u/s 196 of Motor Vehicles Act.

Even if the motor cycle in question was not insured since 24-6-2001, still then the trial Court ought to have given the same in interim custody of the petitioner with a direction to insure the vehicle within a particular period and other conditions. Under such circumstances, the revision is allowed and the impugned order is set aside.

Let the motor cycle bearing registration No. OR-05 F-6521 be given in interim custody of the petitioner on furnishing property security worth Rs. 20,000/- (twenty thousand) on condition that she shall not, change the engine, chassis and registration number and also the colour of the vehicle; that she shall produce the vehicle as and when required before the trial Court; that she shall keep it in good running condition and that she shall insure the same within a period of twenty days from the date of release of the vehicle in her favour.

The Criminal Revision is disposed of accordingly.