MALLU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal Petition is filed to quash the order dated 12.04.2019 passed in Cri.Rev.Petition No.17/2019 by the Principal Sessions Judge / Special Judge, Vijayapura and also the order dated 06.02.2019 in Kalakeri PS Crime No.6/2019 passed by the Addl. Civil Judge and JMFC, Court, Sindagi rejecting the application under Section 457 Cr.P.C. and seeking interim custody of Tractor bearing Reg.No.KA/TA-7657 and Trailer bearing Chassis No.0244 in favour of the petitioner till the conclusion of trial.

(2.) The facts briefly stated are that on 29.01.2019 evening at about 6.15 hours, the complainant on receiving the credible information went to the Kalakeri village near Tilagula cross along with his staff. The police official have seized two tractors bearing No.KA-28/TA-2294 along with trailer bearing Reg.No.28/TA-2295 and tractor bearing Reg.No.KA- 32/TA-7657 and trailer bearing Chassis No.0244 which were involved in the illegal transportation of sand from the spot. The petitioner being the registered owner of the vehicle has filed application for interim release of the vehicle but the same was rejected. The Criminal Rev. Petition No.17/2019 filed for seeking interim custody of the vehicle was also rejected by the Principal Sessions Judge / Special Judge, Vijayapur. Being aggrieved by the said order, the petitioner has preferred this petition.

(3.) There is no dispute regarding the ownership of the vehicle, the said vehicle seized on the reason that it was involved in illegal transportation of sand. The court below namely the first appellate court has rejected the application under Section 457 of Cr.P.C. only on the ground that the petitioner has failed to produce the RTO documents proving the ownership of the vehicle, particularly the registration certificate. During the course of argument, the counsel submitted that the petitioner is residing in both villages namely B.B.Ingalagi village and Kalakeri village. The photo copy of the registration certificate (smart card) disclose that the revision petitioner is the registered owner of the vehicle. There are no other allegations except the illegal transportation of the sand. It is pertinent to note that the said vehicle is in police custody since 29.01.2019. The said vehicle may get rusted without any proper maintenance. There is no point in keeping the vehicle idle without any use. The petitioner / registered owner will be put to loss and hardship by keeping the said vehicle in the police custody till disposal of the case. The revision petitioner has undertaken to abide by the conditions to be imposed for release of the vehicle.