Magistrates must expeditiously exercise powers under Sections 451 and 457 of the Code of Criminal Procedure to release seized vehicles. Leaving vehicles to decay in police custody for years due to administrative delay in confiscation proceedings is unjustified and contrary to established legal principles.

JUDGEMENT

C.A.V. on 29/03/2023 Pronounced on 12/12/2023

The present Criminal Revision No. 1264 of 2019 has been filed by the petitioner challenging the order dated 23.08.2019 passed in connection with Bishnugarh P. S. Case No. 222 of 2017 corresponding to G. R. No. 3730 of 2017 passed by Miss S. S. Minz, Judicial Magistrate, 1st Class, Hazaribagh by which the prayer for release of the Tractor No. JH-02M-6451 of the petitioner has been rejected by the learned Court below.

2. The prosecution case, in brief, is that the informant namely Nitesh Kumar Gupta, District Mining Officer had submitted the written report alleging therein that on 28.12.2017 at around 10.30 A. M. to 2.30 P.M at village Narki near Konar River they had seen four Compressor Machines, Seven Tractors and Two Pump sets operating illegally extracting minerals and stones. It is alleged that the drivers and operators of the vehicles ran away on seeing them. FIR was lodged against the owners and drivers of the Tractor compressor machine which were seized in connection with the present case.

3. Heard Mr. H. K. Shikarwar, learned counsel for the petitioner and Mr. Rajiv Ranjan, learned Advocate General assisted by Mr. Gautam Rakesh, learned A. P. P.

4. It is submitted by the learned counsel for the petitioner that the impugned order dated 23.08.2019 passed by the learned Court below is illegal and not sustainable in the eye of law. It is submitted that the petitioner is the owner of the Tractor no. JH-02M-6451 and the valid papers of the said vehicle were produced at the time occurrence. It is submitted that the petitioner had filed the application for release of his Tractor on 25.04.2018. It is submitted that the petition's Tractor bearing chassis no. T053251318 engine no. E3278158 was plied on hire as being public carrier and a Commercial Vehicle. It is submitted that the Tractor of the petitioner was illegally seized by the prosecution party. It is submitted that the petitioner's tractor was found near the bank of Narki river in empty position and kept for getting it washed. It is submitted that the members of the prosecution party came there and illegally seized the Tractor near Narki river which was in empty position. It is submitted that a report was called by the Lower Court below from the District Mining Officer which was received and report dated 22.06.2016 disclosed that confiscation proceeding was initiated and on the basis of the report regarding initiation of confiscation proceeding the present application for release of the vehicle in favour of the petitioner was rejected. One of the Owner of another Tractor seized in connection with the present case namely Md Rauf preferred Cr. Rev no. 728 of 2018 against the order refusing to release his vehicle by the learned Magistrate and on the basis of the order passed by the High Court, the learned court below has released his Tractor in favour of Md. Rauf. It is submitted that keeping the vehicle in the police station creates difficulty for keeping them in safe custody and the provision of law for release of articles is very much clear as Section 451 , Cr.P.C. and 457 of the Cr.P.C. deals with the release of articles. It is submitted that the Petitioner is ready to furnish any bond or security so as