JAGTAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure, for releasing Jeep No. DID-4688 on supurdnama. It is alleged that the Amandeep was carrying one kilogram of poppy-straw on his body while he was travelling in the aforesaid jeep. The jeep was driven by one Jogendra Singh and owned by applicant. The case against the accused was filed for committing offence under section 8/15 of the Narcotic Drugs and Phychotrophic Substances Act. First contention of the learned counsel for the applicant was that the vehicle in question was not used for carrying the narcotic drugs and the said substance was in fact found on the body of Amandeep, who was sitting in the jeep. The said substance was seized from inside his shirt and, therefore, the jeep in question was not at all connected with the offence.

(2.) LEARNED counsel for the applicant heavily relied on the judgment of the Full Bench of this Court in the case of Madhukar Rao v. State of M.P. and others, reported in 2000(1) JLJ 304 = 2000(1) MPLJ 239, in which this Court has held that the property including the vehicle seized on suspicion of commission of offence can be released pending the trial even if the said property is liable for confiscation, as the trial is likely to take long time for its conclusion. The order of confiscation can be passed only after the trial is completed and offence is proved. During this period the vehicle is likely to be damaged or lost its value. Keeping of the vehicle in custody is not advisable.

(3.) .On failure to comply with the aforesaid conditions, the trial Court shall be free to take action against the applicant in accordance with law. With the aforesaid observations, this petition is allowed. The vehicle in question shall be released in favour of the applicant on complying the aforesaid conditions.