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2019 Supreme(Raj) 1237
IN THE HIGH COURT OF RAJASTHAN
Kanwaljit Singh Ahluwalia, J.
Bachchusingh - Appellant
Versus
State Of Rajasthan, Through Pp - Respondent
Criminal Miscellaneous (Petition) No. 74 of 2019
Decided On : 15-01-2019
Mr. Jitendra Pandey, Advocate, for the Appellant; Mr. N.S. Dhakad, PP, for the Respondent
The main legal point established is that seized property, such as vehicles, can be released with specific conditions as per the judgment in Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283.
Headnote:
Section 482 Cr.P.C. - Release of Seized Property - Tractor and Trolley - The court allowed the petition and directed the release of the seized tractor and trolley, imposing certain conditions as per the judgment in Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283.
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 release of the tractor and trolley, imposing specific conditions.
Issues: The main issue was the release of the seized tractor and trolley, which were case property in a criminal case.
Ratio Decidendi: The court relied on the judgment in Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283, which held that the seized vehicle should not be permitted to remain parked in the police station and should be released with certain conditions.
Final Decision: The court directed the release of the tractor and trolley seized as case property, imposing conditions including the requirement to keep the vehicles intact, produce them when required for identification, and execute indemnity bonds and surety bonds.
JUDGMENT
1. The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 19.12.2018 passed by Additional Chief Judicial Magistrate, No. 3, Badi, Dholpur, be set aside, whereby the said court refused to release Tractor bearing Registration No. RJ 11 RA 7950 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. 17/2018, registered at Police Station Sadar, Badi, Dholpur, for the offences under Section 379 IPC and Sections 29/51 of Wild Life Protection Act and Sections 41 and 42 of Rajasthan 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 tractor and trolley so released intact and shall not change their identification.
(b) That the petitioner shall produce the tractor 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.
