SURESH PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant revision is preferred against the order dated 7.7.2015 passed in G.R. No. 68/2015 by the learned Sub -Divisional Judicial Magistrate, Hazaribagh whereby the prayer of the petitioner for release of the seized truck to his custody has been rejected. Learned counsel for the petitioner has submitted that learned court below disallowed the release of the seized truck in favour of the petitioner only on the sole ground that confiscation proceeding has been initiated. That petitioner is the owner of the seized truck bearing registration No. JH -02P -5631 and the same was seized illegally. That the seized truck of the petitioner is a commercial vehicle and the same is being plied on hire for transportation of goods. That the truck of the petitioner was transporting the coal on valid papers. It is submitted that in W.P.(C) No. 5507 of 2011 this Hon'ble High Court, while relying on the decision in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in : (2002) 10 SCC 283 : [2003 (4) JLJR (SC) 134] has ordered for release of the vehicle in respect of which confiscation proceeding was initiated on the ground that Hon'ble Supreme Court in the said case has deprecated the practice of keeping a vehicle for a long period in police custody. In para 17, the Supreme Court was of the specific view that no good purpose is achieved by keeping the seized vehicle at the police station for a long period and therefore appropriate order for release should be passed forthwith. Para 17 of the said judgment is quoted hereinbelow: - -

(2.) That the petitioner will suffer irreparable loss and injury as the truck is lying in an uncared manner in the police station and over the period it shall be damaged due to the vagaries of weather and for want of proper maintenance. It is submitted that petitioner is willing to abide by the terms and conditions as may be imposed by the court below for release of the seized coal in favour of the petitioner.

(3.) Learned A.P.P. appearing on behalf of State has opposed the prayer and submitted that confiscation proceeding is going on and in the case of State of Karnataka vs. K. Krishnan, reported in : AIR 2000 SC 2729 Hon'ble Supreme Court has held that no liberal approach should be adopted while releasing the vehicle which was used for committing of the offence and shall not normally be returned to party till culmination of all proceedings in respect of said offence.