AJAY @ SHALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed under Section 397 read with section 401 of the Cr.P.C., 1973 against the order dated 02.01.2018 passed by Special Judge (NDPS), Sagar in Special Sessions Case No.5/2017, whereby learned Special Judge rejected the applicant's application filed under section 457 of Cr.P.C , 1973to get the interim custody of the Swift Dzire Car bearing registration No.MP-15- CA-9431, seized by the Police Station Surkhi, District Sagar in Crime No.189/2017 registered for the offence Punishable under Section 8/20 of NDPS Act.

(2.) Brief facts of the case which are relevant to the disposal of this revision are that on 08.06.2017 on information of informant, police intercepted the white coloured Swift Dzire car bearing registration No. MP-15-CA-9431 which was being driven by the co-accused Shankar and co-accused Anees was also sitting in the car. Police also seized 149.285 kgs of Ganja from that car which was being illegally carried by the coaccused Shankar and Anees in the car and also seized that car and registered Crime No.189/2017 for the offence punishable under Section 8/20 of NDPS Act. The applicant, who is the registered owner of the said vehicle filed an application under section 457 of Cr.P.C., 1973 before Special Judge (NDPS), Sagar for getting interim custody of the said vehicle. The learned Special Judge rejected the application vide order dated 02.01.2018 observing that the said vehicle was used in transporting the illegal ganja and trial is still going on. Being aggrieved by that order, applicant filed this revision.

(3.) Learned counsel for the applicant submitted that the applicant is the registered owner of the said vehicle bearing registration No. No. MP-15-CA-9431. There is no need to keep the said vehicle in custody. 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 v. State of Gujarat 2003 (1) G.L.H., 307 , 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.