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1987 Supreme(MP) 173

V.D.GYANI
KANHAIYALAL – Appellant
Versus
GOVT. OF INDIA – Respondent


Advocates Appeared:
G.S.SOLANKI, V.S.Chhabra

V. D. GYANI, J.

( 1 ) THEY are heard on an application under section 482, Cr. P. C. for return of the motor-cycle seized.

( 2 ) CASE-DIARY produced and perused.

( 3 ) THE Narcotics Inspector is also present in person.

( 4 ) HE is also heard.

( 5 ) BY this application the petitioner prays for release of his motor-cycle, bearing registration No. MPU-4738, of which he is the registered owner.

( 6 ) ADMITTEDLY the motor-cycle in question was ordered to be released in favour of the applicant by the trial court, but when the applicant after fulfilling the terms imposed by the trial court was taking it out, it was seized by the Narcotics Inspector. Although the Narcotics Inspected present denied having any knowledge about the release order by the learned Magistrate, but this denial does not help him. The manner in which the above named Inspector effected the seizure of the motorcycle is indicative of the lade of regard for the judicial orders passed by the trial court. This tendency on the part of the, officers, who are supposed to be custodians of law, needs to be curbed but also condemned. If an order passed by the competent court is not acceptable, it does not behave any public servant






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