DEEPAK PATEL Vs. STATE OF M. P.

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") is directed against the order dtd. 13/11/2021 passed by the learned Special Judge (NDPS Act), Rewa in MJCR No.1515/2021 dismissing the application filed under Sec. 457 of Cr.P.C. for releasing the vehicle on Supurdaginama.

(2.) After hearing learned counsel for the parties and perusing the material available on record, it is found that vehicle in question has been seized in connection with offence under Sec. 8/20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S Act") registered at Police Station Mangawan, District Rewa pertaining to Crime No.392/2021. Trial will take time for its conclusion. In such circumstances, there is no justification to keep the vehicle idle in the police station.

(3.) In view of the law enunciated by the Supreme Court in the case of Sunderbhai Ambalal Desai versus State of Gujarat 2003 SCC (Cri) 1943, it is evident that if the vehicle in question is kept lying in open in the police station, there is a possibility of the vehicle being deteriorated/damaged on account of weather and other facts and the conclusion of trial is likely to take sufficient long time, therefore, the impugned order cannot be said to be just and proper.