DHEERENDRA DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this criminal revision challenging order dated 24.9.2020, by which application filed by applicant under Section 457 of the Code of Criminal Procedure was rejected by Special Judge, NDPS Act District Rewa.

(2.) Counsel appearing for the applicant submitted that motor cycle bearing registration No. MP-17-MW-5092 was seized by the Police in Crime No. 203/2020 under Sections 8, 21, 22, 25 and 29 of the NDPS Act and Section 5/13 of Drug Control Act. Applicant is registered owner of the vehicle and he was falsely implicated in the criminal case. He had given the motorcycle to one Rahul Mishra to ferry his ailing father to hospital. Co-accused persons had already been arrested in the case. Applicant has no role in the crime committed by the co-accused persons. Police had also seized one Samsung mobile phone having his Jio Sim No. 9315051841. It is submitted that said articles may be damaged if they are allowed to remain in custody of the police.

(3.) Applicant has filed an application under Section 457 of the Code of Criminal Procedure for giving the seized articles on superdginama during pendency of trial. On 5.12.2020, a question was posed to the applicant whether order rejecting his application under Section 457 of the Code of Criminal Procedure was an interlocutory order. Counsel appearing for the applicant had relied on the judgment of Rajasthan High Court reported in Ganesh Vs. State and another , 1988 CrLJ 475. Counsel for the applicant relied on para-7 of the said judgment. It was held that order passed under Section 457 of the Code of Criminal Procedure is a final order and not merely an interlocutory order. On basis of said order, it was argued by counsel appearing for the applicant that criminal revision against the impugned order dated 24.9.2020 filed by the applicant is maintainable.