JAGJEET SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure 1973 is directed against an order dated 14 th October, 2008, in Misc. Cri. Case No. 24/08 by the First Additional Sessions Judge/Special Judge (Lokayukt), Gwalior (M.P.), dismissing thereby the application preferred under Section 451/457 of Cr.P.C. by the petitioner for handing over the possession and custody of the vehicle involved in the alleged crime on interim custody on Supurdginama.

(2.) The facts, in brief, just for the decision of this petition are that in this case the Gypsy bearing registration No. MP.07/E-6506 with Engine No.105845 and Chassis No. 108228 was seized in connection with offence under Prevention of Corruption Act from near the house of one Harish Sharma, during proceedings of the raid conducted by the Lokayukt police. The application for handing over the seized vehicle was filed by the petitioner, which came to be rejected on the ground that the questioned vehicle is involved in the alleged offence, hence, this petition before the court.

(3.) Learned counsel appearing for the petitioner contended that trial court while passing the impugned order has failed to exercise jurisdiction vested in it and committed gross jurisdictional error in passing the impugned order which deserves to be set aside. It is submitted that if the vehicle is kept for a long time in an open place in the police station, there is danger of it being damaged by vagaries of weather. Hence,the application was submitted by the petitioner for release of the vehicle on interim custody on Supurdginama. He is ready and willing to comply with all the conditions which may be imposed for production of the vehicle seized or comply the order of confiscation which may ultimately be passed after trial by the trial court. Accordingly, it is prayed that the impugned order be set aside and an appropriate order which may be deemed fit in the facts and the circumstances of the case may be passed. In support of his submissions, he placed reliance on the decision of the Apex Court in the case of General Insurance Council and others Vs. State of Andhra Pradesh and others, 2010 3 SCC(Cri) 226.