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ANIL KUMAR UPMAN
Cholamandalm Insurance Company – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner M/s Cholamandalm Insurance Company (hereinafter referred to 'Insurance Company') through its authorized signatory has preferred this misc. petition under Section 482 Cr.P.C. challenging the order dated 23.05.2022 passed in Misc. Application No. 12/2022, by learned Addl. District & Sessions Judge, Aklera District Jhalawar whereby the application of the petitioner Insurance Company seeking permission to sale the vehicle (Toyota Fortuner) No. KA 01 MT 0984 was dismissed.
2. Brief facts of the case are that a complaint regarding theft of the aforesaid Toyota Fortuner was filed at Police Station Uperpet, Bengaluru by its registered owner Biramram. Since the vehicle was insured with the petitioner Insurance Company, the entire claim amount of the aforesaid vehicle was paid to the owner as per the terms and conditions of the insurance policy and after settling the entire claim, the Insurance Company became the exclusive owner of the vehicle. After some time, the aforesaid vehicle Toyota Fortuner came to be seized by the Police Station Aklera, Jhalawar in connection with FIR No. 248/2021 registered for offences under Sections 8/15 and 8/29 of the NDPS Act. After com
Insurers can auction seized vehicles under conditions ensuring proceeds are subject to court adjudication, preventing deterioration of property.
Uninsured vehicles involved in accidents cannot be released without sufficient security to cover potential compensation claims, protecting victim rights.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
In case where the accused disputes that he is not involved in the alleged incident and no article was found from him then such endorsement be taken on the photograph.
Special Courts under NDPS Act can consider return of property petitions, affirming ownership rights if statutory conditions are met.
Ownership of a vehicle does not imply knowledge of its use for illegal activities; the NDPS Act allows for property return under specific conditions defined in the Criminal Procedure Code.
The absence of insurance does not bar the release of a seized vehicle if the owner provides sufficient security for potential compensation claims.
The court has the discretion to allow the release of a seized vehicle in favor of the petitioner on interim custody till the conclusion of the trial, subject to specified terms and conditions, based ....
Absence of insurance does not preclude vehicle release; courts must consider requiring sufficient security to ensure compensation claims as per applicable rules.
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