SHYAMA CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been filed by the Petitioner seeking for release of the seized vehicle, Maruti 800 Car bearing registration No. CG07-G/1639, on supurdnama.

(2.) The application for Supurdnama of the seized vehicle filed by the present Petitioner has been rejected by the Chief Judicial Magistrate, Rajnandgaon in Criminal Case No. 3421 of 2015 on 4/12/2015. That a revision was preferred against the said order vide Criminal Revision No. 82 of 2015. The Revisional Court i.e., the Additional Sessions Judge (Atrocity) Rajnandgaon, has rejected the revision vide its order dtd. 2/2/2016, leading to the filing of the present petition.

(3.) Counsel for the Petitioner submits that the Petitioner is not the accused in the criminal case and that on 9/9/2015 the police authorities of Police Station Somni, District Rajnandgaon had found the said vehicle being used by the accused Shamsher Singh alias Shammi, Kuldeeo Singh alias Sonu and Roshan Kumar Funde alias Golu and they were in possession of Leopard skin in the said vehicle belonging to the present Petitioner. The vehicle was immediately taken into custody and a criminal case, i.e., Criminal Case No. 3421 of 2015, has been registered against the accused persons for the offence under Ss. 39(3)(a) and (b), 48A, 49 and 52 of the Wild Life (Protection) Act, 1972. The Petitioner in between had moved an application under Sec. 457 of CrPC for release of the vehicle on Supurdnama. He further submits that the Petitioner is not the accused person but is the registered owner of the seized vehicle and that even as on date the trial is not concluded and it is at the very initial stage and it will take a long time for conclusion of the trial.