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2021 Supreme(MP) 648

ROHIT ARYA
Dimpi @ Ramhari Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
Pradhuman Singh Bhadouria for applicant; R.P. Singh, Public Prosecutor for respondent/state.

ORDER

1. This revision petition arises out of the order date 23.11.2020, by which the trial Court has rejected the application for release of the vehicle; Maruti Suzuki Alto bearing registration No.M.P.30C.2239 seized in connection with Crime No.486/2020 registered at Police Station Dehat Bhind for the offences under sections 307, 294, 506, 34 of IPC and sections 25, 27, 30 of Arms Act.

2. As per the prosecution story, two 315 bore guns, one cartridge and one revolver were seized from the aforesaid car allegedly used in commission of the aforesaid crime.

3. Learned counsel for the petitioner submits that the trial Court committed error of law and fact while rejecting the application. Relying on the judgment of the Hon'ble Supreme Court in the case of Basavva Kom Dyamangouda Patil v. State of Mysore reported in (1977) 4 SCC 358, learned counsel submits that the trial Court ought to have released the vehicle as the same shall be subject to deterioration being exposed to weather conditions and also subject to natural decay. The same shall also result into drastic devaluation of the vehicle. It is submitted that the object of the Code is that any property which is in the control of the C

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