ARVIND KUMAR PANDEY Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has preferred this petition questioning the legality, validity and correctness of the order dated 9-9-2014 passed by the 2nd Additional District Judge, Raigarh, affirming the order dated 13-8-2014 passed by the Court of Judicial Magistrate First Class, Gharghoda, District Raigarh, whereby the application for release/custody of his vehicle from custody filed by the applicant under Section 451 Cr.P.C. was rejected by the said Court. The applicant is the registered owner of offending Hywa truck Vehicle bearing registration No. CG-13-L/-281 and the said vehicle was seized in connection with Istagasha No. 2/2014 by the Police Lailunga, District Raigarh The said vehicle was found loaded with quartz in abandoned condition which is said to be stolen property.

(2.) The applicant filed an application under Section 451 Cr.P.C. for release of said vehicle stating inter alia that he is the registered owner of said vehicle as his name has duly been recorded in the RTO records and as being the registered owner, he is entitled for release of the said vehicle in his favour. The application filed for custody of the said vehicle has been rejected by the Judicial Magistrate First Class by order dated 13-8-2014. Thereafter, a revision has been filed and on being revision filed, the revisional Court has also rejected the same by order dated 9-9-2014. Being aggrieved by the aforesaid orders, the instant petition under Section 482 of the Code has been filed.

(3.) Sakti Raj Sinha, learned counsel appearing for the applicant would submit that the vehicle is remain lying unused in the police station, no useful purpose is going to be served in keeping the vehicle in police station. In support of his contention, he placed reliance in CM Mudalia Vs. State of Gujarat, 2003 AIR(SC) 638 Khema Vs. State of Rajasthan, 2000 CrLJ 2079 and Kailash Vs. State of M.P.,1999 11 MPWN 133.