Point of Law: Release of vehicle - It is of no use to keep such seized vehicles at police stations for a long period. It is for Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of said vehicles, if required at any point of time.

ORDER :

1. As per endorsement made in the cause-list, the respondent No.3 is duly served with the notice. But, no body was remained present to contest this petition, when the matter is called out.

2. Report dated Deesa South Police Station is submitted by the learned APP, which is taken on record.

3. By way of this application, the applicant has prayed to issue a writ, order or direction, directing the respondent No.2 to release/handover the custody of seized muddamal “Maruti Suzuki Eeco car”, bearing registration No. GJ-02-BP-7651 which came to be seized by the Investigating Officer in connection with FIR, being CR No. III-308 of 2018 registered with Deesa South Police Station, Banaskantha to the applicant, on appropriate conditions, as deemed fit by this Hon'ble High Court, in the interest of justice and also to allow the sale of muddamal “Maruti Suzuki Eeco car”, bearing registration No. GJ-02-BP-7651 which came to be seized by the Investigating Officer in connection with FIR, being CR No. III-308 of 2018 registered with Deesa South Police Station, Banaskantha on appropriate terms and conditions, as may be deemed fit by this Hon'ble Court in the interest of justice.

4. Heard learned advocate for the applicant and learned APP Mr. Manan Mehta for the respondent-State.

5. In support of his arguments, learned advocate for the applicant has relied upon orders passed by this Court in Special Criminal Application Nos. 2538 of 2014; 2283 of 2016 and 2300 of 2016.

6. This Court had passed the following order in Special Criminal Application No. 2538 of 2014, which read as under :-

“16. In such circumstances, I am of the view that the vehicle should be handed over to the finance company and the company should be permitted to sell the vehicle subject to certain terms and conditions. In this context may quote with profit a decision of the Supreme Court in the case of General Assurance Counsel and others v. State of A.P. And others, 2010 AIR SCW 2967. The Supreme Court has made the following observations in paragraph Nos. 14 and 15 which reads as under:-

“14. In our considered opinion, the aforesaid information is required to be utilised and followed scrupulously and has to be given positively as and when asked for by the Insurer. We also feel, it is necessary that in addition to the directions issued by this Court in Sunderbhai Ambalal Desai (Supra) considering the mandate of Section 451 read with Section 457 of the Code, the following further directions with regard to seized vehicles are required to be given with Section 457 of the Code, the following further directions with regard to seized vehicles are required to be given.

“(A) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such recovery before the Jurisdictional Court. Ordinarily, release shall be made within a period of 30 days from the date of the application. The necessary photographs may be taken duly authenticated and certified, and a detailed panchamama may be prepared before such release.

(B) The photographs so taken may be used as secondary evidence during trial. Hence, physical production of the vehicle may be dispensed with.

(C) Insurer would submit an undertaking/ guarantee to remit the proceeds from the sale/auction of the vehicle conducted by the Insurance Company in the event that the Magistrate finally adjudicates that the rightful ownership of the vehicle, pursuant to the application for release of the recovered vehicle. Insistence on personal bonds may be dispensed with looking to the corporate structure of the insurer.”

15. It is a matter of common knowledge that as and when vehicles are seized and kept in various police stations, not only they occupy substantial space of the police stations but upon being kept in open, are also prone to fast natural decay on account of weather conditions. Even a good maintained vehicle loses its road worthiness if it is kept stationary in the police station for more t