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2019 Supreme(Raj) 2642
IN THE HIGH COURT OF RAJASTHAN
Kanwaljit Singh Ahluwalia, J.
Sahid - Appellant
Versus
State Of Rajasthan, Through Pp - Respondent
Criminal Miscellaneous (Petition) No. 1066 of 2019
Decided On : 25-02-2019
Mr. Sanjay Khan, Advocate, for the Appellant; Ms. Meenakshi Pareek, PP, for the Respondent
The legal principle established in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, influenced the court's decision to release the seized tractor and trolley.
Headnote:
Confiscation - Release of Tractor and Trolley - The court relied on the legal principle established in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, which held that the vehicle should not be permitted to remain parked in the police station as it shall gather rust and shall not remain useful. The court allowed the petition and directed the trial court to release the tractor and trolley seized as case property with certain conditions.
Fact of the Case:
The petitioner filed a petition under Section 482 Cr.P.C. seeking the release of a tractor and trolley seized as case property in a criminal case.
Finding of the Court:
The court allowed the petition and directed the trial court to release the tractor and trolley with specific conditions.
Issues: The issue was the release of the tractor and trolley seized as case property in a criminal case.
Ratio Decidendi: The court relied on the legal principle established in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, which held that the vehicle should not be permitted to remain parked in the police station as it shall gather rust and shall not remain useful.
Final Decision: The court allowed the petition and directed the trial court to release the tractor and trolley seized as case property with specific conditions.
Understood. Please provide the legal document content (inside
JUDGMENT
1. The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 4.2.2019 passed by Additional Chief Judicial Magistrate, Tijara, Alwar, be set aside, whereby the said court refused to release Tractor bearing Registration No. RJ 02 RA 9090 alongwith Trolley to the petitioner.
2. The learned counsel for the petitioner has stated at Bar that the petitioner is the registered owner and no confiscation proceedings are pending qua the tractor trolley and the same are case property of case FIR No. 45/2019, registered at Police Station Tapukada, Alwar, for the offences under Section 379 IPC and Sections 41 and 42 of Forest Act.
3. I have heard the learned counsel for the parties.
4. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.
5. Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present petition is allowed and the trial court is directed to release the tractor and trolley seized as case property by imposing following conditions:-
(a) That the petitioner shall keep the vehicle and trolley so released intact and shall not change their identification.
(b) That the petitioner shall produce the vehicle and trolley as and when trial court requires the same for proposed identification of the case property.
(c) That the petitioner shall execute Supurdaginama/indemnity bond and bonds by two sureties to the satisfaction of the trial court.
(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.
6. Needless to say, trial court shall make verification that the petitioner is a registered owner of the vehicle.
