GURRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr. P. C. against the order of the learned Additional Sessions Judge No. l, Sri Ganganagar dated November 24, 1993 and of the Munsif-cum-Judicial Magistrate, Padampur dated September 15, 1992 by which they have refused to give 'rehda Gada' (Maruta without number) in the custody of the petitioner on the ground that it has been seized under section 207 (1), Motor Vehicles Act, 1988 (herein after to be called 'the Act') and it could be released under Section 207 (2) of the Act by the transport authority. The facts of the case giving rise to this petition may be summarised thus.

(2.) ON September 14, 1992, the said 'rehda Gada' was going from Kamarpura to Gajsinghpur (Sri Ganganagar ). It was being driven by Lal Chand. At 6. 30 P. M. , it was checked in the way near Railway crossing and Municipal out-post by the S. H. O. , Gajsinghpur. No document in respect of the said vehicle was found with the driver Lal Chand. Accordingly, it was seized by the S. H. O. ON September 15, 1992, a complaint under Section 39 read with Ss. 192, 146 read with 196, 77 read with 177 and 3 read with 181 of the Act was filed in the court of the Munsif-cum-Judicial Magistrate, Padampur against its owner Gurraj Singh petitioner and driver Lal Chand. Gurraj Singh moved an application for the custody of the said vehicle during the pendency of the case. It was rejected by the learned Munsif-cum-Judicial Magistrate, Padampur observing that it could be given in custody under Section 207 (2) of the Act by the transport authority and necessary documents required under the Act are not with the accused petitioner Gurraj Singh. A revision petition was filed against this order and it was dismissed by the learned Additional Sessions Judge No. l, Sri Ganganagar by his order dated November 24, 1992.

(3.) IN Deewan Singh vs. State of Rajasthan (3), it has been observed as under : - ". . . . . there are some circumstances in every case which persuade a court at times to grant relief on consideration of the practical aspect of the matter also. It is a matter of common experience that whenever a vehicle is kept at police station it is no body's care and its condition deteriorates day by day and a time comes where it becomes a scarp even before the trial is concluded. IN these circumstances, it not only becomes an individual's loss but is also a national loss, because if the vehicle is on wheels then it is used for transportation and earns revenue to the State also and, therefore, so far as practicable vehicle should not be permitted to be ruined in police station. " Reference of Daulat Ram vs. State of Rajasthan (4), may also be made here.