ORAL ORDER

1. By way of present petition under Articles 14, 21, 226 and 227 of the Constitution of India, the petitioner challenges the impugned orders dated 11.6.2021 passed by the learned 2nd Additional District & Sessions Judge, Valsad at Vapi in Criminal Revision Application No.461 of 2021 and order dated 19.7.2021 passed by the learned 2nd Additional Judicial Magistrate, First Vlass, Vapi in Criminal Misc.Application No.589 of 2021 and it is prayed to direct respondent to release muddamal Base Oil seized by the police pursuant to impugned complaint.

2. As per the facts of the case, an FIR came to be registered with Dungra Police Station being C.R.No.1120005121069 of 2021 for the offences punishable under Sections 5,7 and 11 of Essential Commodity Act as well as Sections 285, 34, 420 and 120B of the Indian Penal Code. It appears that pursuant to the FIR, the muddamal 27,200kg of Base Oil was seized and therefore, an application u/s.451 was filed before the learned 2nd Additional Judicial Magistrate, First Class, Vapi, which was rejected against which the petitioner preferred revision application before the learned District Court, which was also rejected.

2.1 It is submitted that while rejecting the application, the trial court come to the conclusion that since u/s.6(e) of the Essential Commodities Act, there is bar of jurisdiction and the court below has no jurisdiction to release the muddamal. The revision application filed against the said order is also dismissed and therefore this petition is filed.

3. Learned counsel for the petitioner has submitted that learned trial Court has not released base oil. It was submitted that, due to seizure of the goods, the petitioner is facing difficulties in his regular business. If the muddamal is lying in the police station, it will get spoil and keeping it in the police station is not going to advance the cause of justice. Therefore, it was urged that, seized muddamal base oil may be released on any terms and conditions.

4. On the other hand, learned APP, for the State vehemently opposed the petition contending that, the learned Courts below have not committed any error of law while rejecting the application and, therefore, no case is made out for warranting interference by this Court to exercise extraordinary jurisdiction.

5. Having heard learned counsel for the respective parties and upon perusal of the findings of the Courts below, this court is of view that, it is settled law that, the articles seized by the police, may be released to the person, who in the opinion of the Court, is lawfully entitled to claim, after preparing detailed panchnama of such articles as well as photographs of such articles and security bond. It is observed by the Apex Court in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], that, case property like vehicles, machines etc. found lying in the police station for long time, would become junk and loosing their value and, therefore, powers under Section 451 of the Criminal Procedure Code should be exercised promptly, so that there may not be further chance of tampering with the articles etc. 6. In the facts of the present case, this Court is of the view that the Courts below have not properly exercised their powers judiciously. It is required to be considered that, the expeditious and judicious disposal of the case property would ensure that the owner of the article would not suffer because of its remaining unused. Court or police would not require to keep the article in safe custody, as it would save the cost of storage etc.

7. For the foregoing reasons, petition is allowed and the impugned orders dated 19.7.2021 and 11.6.2021 passed by the Courts below are hereby quashed. The muddamal seized oil (1,31,400 ltrs..) amounting to Rs.65,70,000/- shall be released/handover to the petitioner on the following conditions:-

(i) The petitioner shall furnish a solvent surety to the tune of 1.5 times of value of seized oil as per the panchnama