DIMPI Vs. STATE OF M.P.

JUDGEMENT

(1.) This Revision Petition arises out of the order dt.23/11/2020, by which the trial court has rejected the application for release of the vehicle; Maruti Suzuki Alto bearing registration No.M.P.30C.2239 seized in connection with Crime No.486/2020 registered at Police Station Dehat Bhind for the offences under Ss. 307, 294, 506, 34 of IPC and Ss. 25, 27, 30 of Arms Act.

(2.) As per the prosecution story, two 315 bore guns, one cartridge and one revolver were seized from the aforesaid car allegedly used in commission of the aforesaid crime.

(3.) Learned counsel for the petitioner submits that the trial court committed error of law and fact while rejecting the application. Relying on the judgment of the Hon'ble Supreme Court in the case of Basavva Kom Dyamangouda Patil Vs. State of Mysore reported in (1977) 4 SCC 358, learned counsel submits that the trial court ought to have released the vehicle as the same shall be subject to deterioration being exposed to whether conditions and also subject to natural decay. The same shall also result into drastic devaluation of the vehicle. It is submitted that the object of the Code is that any property which is in the control of the court either directly or indirectly should be disposed of by the court by passing a just and fair order, of course, on such terms and conditions this Court deem fit and proper. In the instant case, though it has been alleged that the guns and revolver kept in the car were used but this by itself would not justify to continue seizure of vehicle.