BRIJESH DIWEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This present petition filed under section 482 by the petitioner to release the vehicle baring registration No. MP-53-AA-7336 (Tractor) in "supurduginama" in his favour which was seized on 09.09.18, the vehicle was involved in commission of offence punishable under section 379, 414 and 4/21 of Mines and Minerals Act in crime No. 456/2018. The tractor was sized during illegal transporting of sand.

(3.) Learned counsel for petitioner submits that the applicant is a registered owner of the said vehicle. Tractor of applicant has been seized by police on 09.09.2018 from Kolan Tolai with empty trolly and there was no complaint against the applicant and the same was seized with malicious intention of S.I namely Anil Yadav. He further submits that applicant has filed an application before the trial court to release the vehicle in supurdginama but same was dismissed by the trial court erroneously. The learned court below failed to appreciate the facts and legal provisions in proper prospective and did not consider the principle laid down by Hon'ble Apex Court in this regard. He submits that the tractor was in standing condition since 3 months and its condition is going to worse. He prays for releasing of the same. In support of his contention he has relied the judgement in the case of Sundarbhai Ambalal Desai Vs. State of Gujrat reported in (2002) 10 SCC 283.