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2013 Supreme(Megh) 32
MEGHALAYA HIGH COURT
Prafulla C. Pant, J.
Aruna Sangma - Appellant
Versus
State of Meghalaya and Ors. - Respondent
Criminal Revision Nos. 24, 28 and 34 of 2003
Decided On : 29-11-2013
For the Petitioners: Mr. K. Paul.
For the Respondents:Mr. I.C. Jha, Mr. A. Khan, Mr. K. Khan, Amicus Curiae, Mr. N.D. Chullai, Sr. Govt. Advocate.
The ownership and registration status of seized vehicles, and the entitlement to their release during trial, are contingent upon the validity of the ownership and registration certificates.
Headnote:
Criminal Revision - Release of Seized Vehicles - Section 379/119/411/420/424/120(6) IPC, Section 468/34 IPC - Section 451 of Cr.P.C.
Fact of the Case:
The criminal revision petitions arose from a crime involving the seizure of vehicles in connection with a case registered under various sections of the Indian Penal Code (IPC) and the Criminal Procedure Code (Cr.P.C.). The revisionists challenged the release of the seized vehicles to the Delhi Police, claiming to be the registered owners.
Finding of the Court:
The court found that the ownership and registration certificates of the vehicles were under challenge, and the revisionists were not entitled to the release of the vehicles as a matter of right. The court also noted specific orders and observations from the Gauhati High Court and the Supreme Court regarding the release of the vehicles.
Issues: The issues revolved around the legality of the release orders, the ownership and registration status of the vehicles, and the applicability of relevant legal provisions.
Ratio Decidendi: The court held that while seized vehicles should normally be released to the registered owner during trial, a person whose ownership and registration certificate are under challenge is not entitled to the release of the vehicle as a matter of right. The court also considered specific orders and observations from higher courts regarding the release of the vehicles.
Final Decision: All three criminal revision petitions were dismissed, upholding the impugned release orders passed by the District Magistrate/Addl. District Magistrate, West Garo Hills, Tura, Meghalaya.
Judgment
Prafulla C. Pant, CJ.-Heard.
2. All these three criminal revision petitions have arisen out of same crime Tura PS Case No. 18(2) 2003 registered and corresponding to GR Case No. 31 of 2003, relating to of FIR dated 13.02.2003. In all the three criminal revisions, revisionists have challenged release of the vehicles seized in connection with the said Tura PS Case No. 18(2) 2003, in favour of Delhi Police.
3. Heard learned counsel for the parties and perused papers and records.
4. Brief facts in the matter are that Assistant Sub-Inspector Shri S.K. Mahanta of Tura Police Station lodged an FIR on 22.01.2003 (registered as PS Case No. 12(1) 2003 relating to offences punishable under Section 379/119/411/420/424/120(6) IPC), alleging that a gang of inter-state car lifters is operating in the area since early part of 2002 in connivance with District Transport Office, Tura. Vehicle Maruti Zen bearing Registration No. ML-08- 8090 (of which revisionist of Criminal Revision No. 24 of 2003 claims to be the owner), Vehicle Maruti (car) bearing Registration No. ML-08-8902 (of which revisionist of Criminal Revision No. 28/2003 claims to be the owner), and Vehicle Maruti (car) bearing Registration No. ML-08-9255 (of which revisionist of Criminal Revision No. 34 of 2003 claims to be the owner) and some other vehicles were seized by Tura Police in January, 2003. Whereafter, an FIR dated 13.02.2003 was lodged by the District Transport Officer of West Garo Hills, Tura alleging that the registration numbers of the aforesaid vehicles issued from his Office were fake. On said report of District Transport Officer, West Garo Hills, Tura, crime Tura P.S. Case No. 18(2) 2003 was registered in respect of offences punishable under Section 468/34 IPC. In the said FIR, names of the present petitioners and seven others were mentioned as the persons in whose favour vehicles were (falsely) shown registered.
5. All the three revisionists have pleaded before this Court that the Magistrate concerned of West Garo Hills, Tura released the vehicles illegally to the three Sub-Inspectors of Delhi Police in their interim Zimma (custody). Revisionist Smti. Aruna Sangma has pleaded that the Maruti Zen (ML-08-8090) vehicle which was registered in her name was given by District Magistrate, West Garo Hills, Tura to the custody of Assistant Sub-Inspector Ved Prakash of Lajpat Nagar Police Station, New Delhi vide impugned order dated 20.06.2003. Revisionist Shri Arwish Marak has pleaded that the vehicle Maruti car (ML-08-8902) was released by the District Magistrate, West Garo Hills, Tura to Assistant Sub-Inspector Shri Mahendra Singh of Police Station Anand Vihar, New Delhi on interim zimma vide another impugned order dated 20.06.2003. As far as the vehicle bearing Registration No. ML-08-9255 is concerned, revisionist Smti. Pillarson Marak has pleaded that after her vehicle was seized on 23.01.2003 by Assistant Sub-Inspector Shri S.K. Mahanta which was released by Additional District Magistrate, West Garo Hills, Tura vide order dated 09.06.2003 in the interim zimma (custody) of Head Constable Shri K.D. Singh of Pandavnagar Police Station, New Delhi vide impugned order dated 21.07.2003. In all the three criminal revisions release orders are challenged on the ground that same were passed against the spirit of Section 451 of Cr.P.C. without affording opportunity to the revisionists who were alleged registered owners of the vehicles. (Before 2013 in Garo Hills (which is tribal area), covered by the Sixth Schedule of the Constitution of India, district judiciary was not separated from the executive).
6. In response to Criminal Revision No. 24 of 2003, Govind Sharma, son of Late R.L. Sharma, Station House Officer, Amar Colony, New Delhi has stated that Maruti Zen car No. DL-4CQ-1481 was stolen on 02.04.2002 from the road opposite to House No. 63, National Park, Lajpat Nagar-IV, New Delhi. It is further stated by him that on complaint of Shri Gyan Bansal of Station House, an FIR
