1. Dispute regarding the custody and title of a vehicle currently held in police custody. (Para 2 )
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2000 Supreme(SC) 331
SUPREME COURT OF INDIA
D.P.Mohapatra : K.T.Thomas
Rajendra Prasad
Versus
State Of Bihar
Case No. : 165 , 166 of 2000
Date of Decision : 2/10/00
To prevent the deterioration of a vehicle in police custody, the court may temporarily entrust it to the registered owner on behalf of the court, subject to a bond and proof of registration, without prejudicing the final determination of title.
Headnote:(A) Criminal Procedure - Custody of property - Release of vehicle - To prevent the deterioration of a vehicle kept in police custody due to exposure to weather, the court may entrust it temporarily to the ostensible name-holder in the registration certificate on behalf of the court until the conclusion of the trial. (Para 2)
Facts of the case:
A vehicle was held in police custody while the title of the vehicle and the transactions relating to it were under dispute. To prevent the automobile from being damaged or lost due to exposure to heat and cold in the police compound, the court considered its temporary release to the person listed as the registered owner.
Findings of Court:
The court directed the trial court to release the vehicle to the appellant on the conditions that the original registration certificate (or a certificate from the transport office for a duplicate) be produced and a bond of Rs. 2 lakhs with two solvent sureties be executed to ensure the vehicle is produced back in court whenever required.
Issues: Whether a vehicle in police custody should be released temporarily to the registered owner to prevent its deterioration while the final title remains undecided.
Ratio Decidendi: The court ruled that to avert the loss of a vehicle's value and condition while in police custody, it can be entrusted to the ostensible registered owner as a custodian on behalf of the court, provided the owner provides proof of registration and sufficient security via a bond and sureties.
Result: Appeal disposed of.
Legal Category Hierarchy
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practice and procedure
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criminal procedure
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custody and disposal of property
- release of vehicle (Para 2)
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custody and disposal of property
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criminal procedure
Table of Contents
2. Rival versions regarding transactions relating to the vehicle and the question of title. (Para 2 )
3. Vehicles kept in police station compounds are exposed to weather and likely to deteriorate or be lost. (Para 2 )
4. Temporary custody of a disputed vehicle may be granted to the ostensible registered owner to prevent deterioration, pending final disposal of property. (Para 2 )
5. Vehicle released to the appellant upon production of registration certificate and execution of a bond with sureties. (Para 2 )
6. Can a court release a disputed vehicle to a party without deciding the question of title?
Yes, a court may temporarily entrust a disputed vehicle to the ostensible registered owner to prevent the vehicle from deteriorating due to exposure to weather while in police custody. (Para 2 )
7. What conditions may a court impose for the temporary release of a disputed vehicle?
The court may require the party to produce the original registration certificate (or an RTO certificate for duplicates) and execute a bond with solvent sureties to ensure the vehicle is produced when required. (Para 2 )
8. Who is considered a suitable temporary custodian for a disputed vehicle pending trial?
The court may entrust the vehicle to the ostensible name-holder in the registration certificate, with the custody being held on behalf of the Court. (Para 2 )
(1) LEAVE granted.
(2) WE are not deciding the question as to the title of the vehicle in dispute nor the correctness of the rival versions regarding the transactions relating to the vehicle. We do not want the vehicle to remain in the compound of the Police Station exposed to heat and cold because the automobile is likely to be lost to all in such situation. To avert this situation, we are inclined to entrust it temporarily to the appellant who is the ostensible name-holder in the registration certificate. The custody of the vehicle with the appellant will be on behalf of the Court and this arrangement is only till the stage when the Court passes the order regarding disposal of the property on conclusion of the trial. We direct the trial court to release the vehicle to the appellant on the following conditions: (a) The appellant will produce the original registration certificate (as issued by the Transport Office. If it is a "duplicate" he must obtain a certificate from the R.T.O. that duplicate was issued from the office). (b) The appellant shall execute a bond in a sum of Rs. 2 lakhs with two solvent sureties that he will produce the vehicle back in Court whenever required by the Court.
(3) THE appeal stands disposed of accordingly.
