AKHAND PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure for taking the vehicle bearing registration No.MP-19-T- 3335 on supurdgi against the order dtd. 9/3/2022 passed in Special Case No. 46/2020 by Special Judge (NDPS), District Rewa (M.P.), whereby learned Special Judge rejected the applicant's application filed under Sec. 451 of Cr.P.C to get the interim custody of the Bolero Car bearing Registration No. MP-19-T-3335, which was seized by the Police Station Atraila, District Rewa in Crime No.42/2020 registered for the offence punishable under Sec. 8, 20 of NDPS Act and Sec. 188, 269, 270, 271 of IPC, 3/4 of Mahamari Adhiniyam and Sec. 1791) of M.P. Public Health Act.

(2.) Brief facts of the case which are relevant to the disposal of this petition are that, Police Atraila has seized a Bolero Car bearing Registration No. MP- 19-T-3335, in respect of Crime No. 42/2020 registered for the offences punishable under Sec. 8, 20 of NDPS Act and Sec. 188, 269, 270, 271 of IPC, 3/4 of Mahamari Adhiniyam and Sec. 1791) of M.P. Public Health Act. After investigation police filed the charge sheet and on that charge sheet, Special Case No. 46/2020 was registered which is pending before Special Judge (NDPS) Rewa, District Rewa. During pendency of case, the applicant, who is the registered owner of the said vehicle filed an application under Sec. 451 of Cr.P.C. before Special Judge (NDPS), Rewa for getting interim custody of the said vehicle. The learned Special Judge rejected the application vide order dtd. 9/3/2022. Being aggrieved by that order, applicant filed this petition.

(3.) Learned counsel for the applicant submitted that applicant is the registered owner of the said Bolero Car bearing Registration No. MP-19-T- 3335, so he is entitled to get the custody of said Bolero Car. He further submitted that learned Special Judge committed mistake in rejecting the prayer of the applicant and not giving the said vehicle in custody. In this regard, counsel has relied on the Apex Court judgment in the case of Sunderbhai Ambalal Desai vs. State of Gujarat AIR 2003 SC 638 and Tikeshwar Singh Vs. State of Chhatishgarh (Cri.Misc. Petition No.1374/2020), whereby the Court held that whatever be the situation, it is of no use to keep seized vehicle at Police Stations for long period. It is for the Magistrate to pass appropriate orders immediately by taking bond and guarantee as well as security for return of said vehicle, if required at any point of time. Hence, counsel prayed that the application be allowed.