2011 Supreme(Raj) 2181
RAJASTHAN HIGH COURT
R.S.Chauhan, J.
Rasid Abdul Sayyed - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Revision Petition No. 358 of 2011.
Decided On : 11-07-2011
For the Petitioner:B. Ray Bishnoi, Advocate.
For the State: Anil Upadhyay, Public Prosecutor.
Headnote:Criminal Procedure Code, 1973 – S. 457 – the vehicle seized and allegations made that it was transporting poppy husk. It was observed that the vehicle in police station kept unattended and junk with passing of time. Impugned order set aside and vehicle directed to discharge on submission of bank guarantee.
Act Referred
"13. Learned Senior Counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the Police Station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time.
14. However, the learned counsel appearing for the petitioners submitted that this question of handling over of vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons.
15. In our view, whatever be the situation, it is of no use to keep seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.
16. In case where the vehicle is not claimed by the accused, owner, or the Insurance Company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the Insurance Company then Insurance Company be informed by the Court to take possession of the vehicle which is not claimed by the, owner or a third person. If Insurance Company fails to take poss