RAJVEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of Code of Criminal Procedure (for brevity "CrPC"), against the order dated 6/8/2020 passed by Additional Sessions Judge, Mehgaon, District Bhind in Criminal Revision No.27/2020; whereby, the order dated 27/7/2020 passed by Judicial Magistrate First Class (for brevity "JMFC"), Mehgaon District Bhind has been affirmed and the application filed by the petitioner under Sections 451 and 457 of Cr.PC has been rejected. By said application, the petitioner has prayed for custody of seized vehicle on supurdgi.

(2.) The facts of the case, in brief, are that the Police Station Mehgaon, District Bhind in connection with Crime No.267/2020 had seized the tractor bearing registration No.MP06-AB-4276 along-with trolley, which was involved in transportion of sand without having any royalty receipt. The petitioner has filed an application under Sections 451 and 457 of CrPC before the JMFC, Mehgaon, District Bhind for releasing the vehicle in question on supurdgi. The JMFC, Mehgaon, District Bhind dismissed the application. Aggrieved by the order passed by the JMFC, the petitioner preferred a Criminal Revision before the Additional Sessions Judge, Mehgaon, District Bhind which also met with the same fate. Hence, this petition under Section 482 of CrPC has been filed by the petitioner.

(3.) Learned counsel for the petitioner submits that the Courts below have rejected the application mainly on the ground that the Collector of the District had not started confiscation proceedings under Rule 53 of Madhya Pradesh Minor Mineral Rules, 1996 (for brevity "the Rules of 1996"). The Collector was having power under Rule 53(3)(a) of the Rules of 1996 to impose penalty and unless the penalty so imposed is deposited, the seized vehicle cannot be released on supurdgi. Learned counsel for the petitioner further submits that there is no proceeding pending unde Rule 53 of the Rules of 1996. The offending vehicle was seized in connection with the offence under Sections 379 and 414 of Indian Penal Code. If the seized vehicle is permitted to be kept in the police station for indefinite period then the vehicle may loose its utility and it's parts are likely to be damaged. Therefore, there is no use to keep such sezied vehicle at the police station for a long period.