RATI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed assailing order, dated 22nd February, 2018 (hereinafter referred to as 'impugned order') passed by Judicial Magistrate First Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as 'the trial Court') in case No. 64/4 of 2018, titled as Rati Ram versus State of Himachal Pradesh, in case FIR No. 54 of 2017, dated 19th October, 2017, registered in Police Station Shillai, District Sirmaur, under Section 39(1) A of H.P. Excise Act, whereby application preferred by the petitioner under Section 457 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC') for release of vehicle No. HP18 B0983 has been dismissed in default for want of presence of applicant (petitioner herein) or his authorized representative.

(2.) Petitioner is claiming himself to be purchaser of the aforesaid vehicle on the basis of agreement of sale executed between registered owner, i.e. Shri Jagdish Chand, s/o Shri Raiya Ram, r/o Village Sail, P.O. Hallan, Tehsil Shillai, District Sirmaur, H.P., and the petitioner, photocopy whereof has been placed on record.

(3.) It has been submitted on behalf of the petitioner that as per prosecution case, the vehicle has been impounded for illegal transportation of liquor, with further submission that even the said allegation, without conceding and admitting the same, is considered to be true, there was no consent or permission or authority or licence or direction on behalf of the petitioner to anyone to use the vehicle for transporting anything in contravention of any law and as the vehicle was used for alleged offence without any connivance, knowledge or permission of the petitioner, the vehicle deserves to be released on supurdarinama in favour of the petitioner in view of the ratio of law laid down by the apex Court in case titled as State of Madhya Pradesh and others versus Madhukar Rao, (2008) 14 SCC 624, for the reason that idle parking of vehicle for a long time, during pendency of trial, that too, in open under the sun and rain etc., would definitely result into serious damages to the vehicle causing irreparable loss to the petitioner.