RAEES KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The case is heard finally with the consent of both the parties. This petition has been filed under Section 482 of Cr. P. C. against the o rd er dated 16/08/2019 passed by Special Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as " " NDPS Act "‚) Khandwa in Special Case NDPS No. 3/2019, whereby learned Special Judge rejected the applicant's application filed u/S. 457/451 of Cr. P. C to get the interim custody of the motorcycle bearing registration No. MP/12-MP/0880, seized by the Police Station Kotwali, District Khandwa in Crime No. 776/2018 registered for the offence Punishable under Section 8 , 20 of the NDPS Act.

(2.) It is alleged that the Police seized motorcycle bearing registration No. MP/12-MP/0880 in connection with Crime No. 776/2018 for the offence punishable under Section 8 , 20 of the NDPS Act and after investigation, police filed the charge-sheet and on that charge sheet Special Case NDPS No. 3/2019 was registered, which is pending before Special Judge (NDPS), Khandwa (notified under NDPS Act ). During pendency of the case, the applicant, who is the registered owner of the said motorcycle bearing registration No. MP/12-MP/0880 filed an application under Section 457 / 451 of Cr. P. C. before Special Judge Khandwa for getting interim custody of the said vehicle. The learned Special Judge rejected the application vide order dated 16/08/2019. Being aggrieved by that order, applicant filed this petition.

(3.) Learned counsel for the applicant submitted that applicant is the registered owner of the motorcycle bearing registration No. MP/12-MP/0880, so he is entitled to get the custody of said vehicle. He further submitted that learned Special Judge committed mistake in rejecting the prayer of the applicant and not giving the said vehicle in his interim custody. In this regard, counsel has relied on the Apex Court judgment passed in the case of Sunderbhai Ambalal Desai vs. State of Gujarat (2002)10 SCC 283, 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.