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HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE SANJAY PRASAD
Jitendra Kumar Agrawal – Appellant
Versus
The State Of Jharkhand – Respondent
Cr.Rev./585/2017
VEHICLE RELEASE - SECTION 451 CRPC - BLACKLISTED VEHICLE - [SUMMARY] The court, relying on Sunderbhai Ambala Desai v. State of Gujarat, held that vehicles seized by the police should not be kept in custody for extended periods. The court noted that the petitioner was the owner of the seized truck, which had been blacklisted for having an invalid permit. Despite this, the court ordered the release of the truck, considering that it had been in police custody for over nine years and was not involved in any crime. The court directed the trial court to pass a fresh order in accordance with the Supreme Court's judgment and previous orders of the High Court.
Fact of the Case:
The petitioner, the owner of a truck, filed a petition for the release of his vehicle, which had been seized by the police for allegedly carrying illegal coal. The trial court rejected the petition on the ground that the petitioner had not surrendered before the court and the investigation was still pending.
Finding of the Court:
The High Court set aside the trial court's order and directed the release of the truck, holding that the petitioner was not at fault for the alleged illegal activities of other accused persons and that the truck had been in police custody for an unreasonable period of time.
Issues: 1. Whether the trial court erred in rejecting the petitioner's petition for the release of his truck?2. Whether the petitioner was entitled to the release of his truck despite not surrendering before the trial court?
Ratio Decidendi: 1. The court held that the trial court erred in rejecting the petitioner's petition for the release of his truck, as the petitioner was not at fault for the alleged illegal activities of other accused persons and the truck had been in police custody for an unreasonable period of time.2. The court held that the petitioner was entitled to the release of his truck despite not surrendering before the trial court, as the truck was not involved in any crime and the petitioner had not been declared an absconder.
Final Decision: The High Court allowed the petitioner's revision petition and directed the trial court to pass a fresh order for the release of the truck.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 585 of 2017
….
Jitendra Kumar Agrawal
…… Petitioner
Versus
The State of Jharkhand
…… Opp.
Party
-----
Present
HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the petitioner : Mr. Mahesh Tiwari, Advocate
For the State
: Mr. Ashok Kumar, A. P. P.
…..
ORDER
……
C.A.V. on 17.08.2022
Pronounced on 06/01/2023
This Criminal Revision No. 585 of 2017 has been filed on
behalf of the petitioner challenging the order dated 20.02.2017
passed by Miss Ritwika Singh, Judicial Magistrate, 1st Class,
Dhanbad in connection with Govindpur P.S. Case No. 293 of 2013
by which Miss Ritwika Singh, Judicial Magistrate, 1st Class,
Dhanbad has rejected the application for release of the Truck
bearing Registration No. UP-84F-9097 in favour of the petitioner.
2.
The prosecution case, in brief, is that on 28.06.2013 at
about 18.00 hours, the informant along with police party started
checking the Trucks coming from eastern side and at about 2030
hours, one Truck bearing U.P. registration number (U.P.-84F-
9097) was coming from eastern side, then the police party stopped
the said Truck by flashing their torch, but the driver tried to flee
away. Further, police party overtaken the said truck and on
interrogation, the Driver and Khallasi of the said truck were
apprehended and disclosed their name and address and also
disclosed that the coal in question was lifted from Jai Maa Kali
Traders Chirkunda and the same was to be delivered to Kanpur,
U.P. Further on demand, the driver of the said Truck produced
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documents relating to said coal which is weighing about 20.27
tones. It has been submitted that seizure list was prepared on the
spot in presence of independent witnesses. It is stated that on
20.06.2013, the informant along with driver and khalasi of said
Truck went to Jai Maa Kali Traders Chirkunda for verification of
document, which was produced by the driver. During verification
of documents, it was found that the coal was Ash Burn Rejection
coal, but from physical verification of truck, it was found that the
said truck was carrying a mix of ash burn rejection coal and Poda
coal. Further, the driver of the said truck was arrested.
3.
On the basis of written report of the informant, an F.I.R.
has been lodged and the case has been registered as Govindpur
P.S. Case No. 293 of 2013 dated 29.06.2013, under sections 414,
467, 468, 471, 120B/34 of the Indian Penal Code against the
accused petitioner and others.
4.
Heard Mr. Mahesh Tiwari, learned counsel appearing on
behalf of the petitioner and Mr. Ashok Kumar, learned counsel for
the State.
5.
It is submitted by the learned counsel for the petitioner that
the impugned order passed by the learned Court below is illegal and
not sustainable in the eye of law. It is submitted that Judicial
Magistrate has failed to appreciate that this Court has been pleased to
direct that no coercive steps shall be taken against the petitioner in
connection with Govindpur P.S. Case no. 293 of 2013, corresponding
to G.R. No. 2728 of 2013, pending in the Court of Judicial Magistrate
1st Class at Dhanbad. It is submitted that the petitioner being the
registered owner of the truck in question has filed an application for
release of his Truck bearing registration no. UP-84F-9097 in his
favour. It is submitted that Judicial Magistrate has wrongly come to
the conclusion that the petitioner has not surrendered and no bail has
been granted to him and as such, release of the truck in question in
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favour of the petitioner cannot be made. It is further submitted that
the learned Court below has not followed the Provision of Section
451of the Cr. P. C. It is submitted that vide order dated 13.01.2017
passed in A. B. A. No. 4991 of 2016, t
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