RAVI PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) THE order dated 1.4.2009 passed by the Chief Judicial Magistrate, Varanasi, is impugned in the instant revision whereby the Chief Judicial Magistrate, refused to release the vehicle No. U.P.65-AR 0968 (Bus) on the ground that since the driver of the vehicle has not been allowed bail, therefore, vehicle should not be released. Learned counsel for the revisionist has annexed a copy of registration certificate and other documents to show that he is owner of the vehicle. He submits that the vehicle is standing at the police station since considerably a long time, and is being damaged for want of its maintenance and care. After hearing counsel for the respective parties at length, I am of the considered view that the vehicle should be released in favour of the revisionist in view of decision of the Apex Court; Sunderbhai Ambalal Desai Vs. State of Gujarat A.I.R. 2003 S.C. Page 638. THE Hon'ble Supreme Court has issued guidelines and principles which is also to be taken into consideration before refusing its release by the court below. In the case of Sunderbhai Ambalal Desai Vs. State of Gujarat A.I.R. 2003 S.C. page 638, the Apex Court held that powers under Section 451 Cr.P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely; (i) Owner of the article would not suffer because of its remaining unused or by its misappropriation; (ii) Court or police would not be required to keep the article in safe custody; (iii) If the proper Panchanama before handing over the possession of the article is prepared, which can be used in evidence instead of its production before the court during the trial, it will serve the ends of justice. If necessary, evidence could also be recorded describing the nature of the property in detail; (iv) This jurisdiction of the court to record the evidence should be exercised promptly so that there may not be further chance of tampering with the articles. In view of what has been submitted above, I quash the order 1.4.2009 passed by the Chief Judicial Magistrate, Varanasi in case crime no. 46 of 2009 under Sections 279, 304 I.P.C., Police Station Cholapur, District Varanasi, with a direction to pass afresh orders for release of the vehicle in exercise of power under Section 451 Cr.P.C. after taking adequate security to his satisfaction other than bank or cash guarantee and also an undertaking that the vehicle will not be transferred to any third person during pendency of the proceedings and will be produced as and when required. THE entire exercise has to be completed within a period of three weeks from the date a certified copy of this order is produced before him along with an application. It is made clear that the time frame provided by this Court, shall be strictly adhered so that further loss to the standing vehicle be prevented. With the aforesaid direction, the instant revision is allowed.