Even though the original cause of action had arisen in Goa police station limits, it is appropriate that the same be given to the interim custody of the petitioner who claims to be the registered owner.

ORDER

Petitioner is the registered owner of Bajaj KTM 200 Duke Motorcycle bearing registration No.KL-39-P-8381, which was stolen from Anjuna beach police station limits in Goa. According to the learned counsel, immediately after stealing of the vehicle he had given a complaint in Anjuna Beach police station but no action was taken. Later the vehicle was seized from Kasaba police station limits in Kozhikode, where crime No.745/2021 was registered incorporating Section 102 of the Cr.P.C. The vehicle was produced before Court and then he moved an application under Section 451 of the Cr.P.C which was dismissed by the impugned order dated 19.11.2021. Aggrieved by the same, petitioner has moved this Court under Section 482 of the Cr.P.C.

2. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

3. According to the learned counsel for the petitioner, application for interim custody of the vehicle was dismissed only on the ground that the alleged stealing had taken place in Anjuna beach police station limits in North Goa, that the Kasaba police has to send the records and the C.D files along with the vehicle to that police station and therefore, interim custody cannot be granted. Learned counsel submits that the reasoning of the learned Magistrate is faulty. He also relied on the decision reported in Sunderbhai Ambalal Desai v. State of Gujarat [ (2002) 10 SCC 283 ].

4. According to the learned Senior Public Prosecutor the vehicle was seen by the Kasaba police in suspicious circumstances during night patrol, it had no number plate at the rear side. Thus the crime was registered incorporating Section 102 of the Cr.P.C and the vehicle was produced before court. Now, on the finding that the actual mischief was taken place in Anjuna Beach police station, the matter was reported to that police station and records have already been sent.

5. The learned counsel submits that ultimately it is for the jurisdictional court in Goa to take a call on the claim. I cannot agree with the reasoning shown by the learned Magistrate. The vehicle was seized from within Kasaba police station limits, Kozhikode and thus produced before that court. The question whether it was stolen from a different police station limits is only secondary. The vehicle was lost from the petitioner prior to October, 2021, was seized by Kasaba police on 02.10.2021 and since then it is remaining in police custody exposed to sun and shower. I have no doubt that the vehicle can not be kept idle for long, which will loose its value and utility. Therefore, even though the original cause of action had arisen in Goa police station limits, it is appropriate that the same be given to the interim custody of the petitioner who claims to be the registered owner on the following conditions:

1. The petitioner shall produce the original documents before Court and appraise his entitlement to get interim custody of the vehicle;

2. He shall execute a bond for Rs.3,00,000/- (Rupees Three lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Judicial First Class Magistrate-III, Kozhikode;

3. He shall produce the vehicle before the Court or the transferee Court or authority concerned, even if wanted in Goa police station limits, as and when necessary;

4. He shall not transfer ownership or possession of the vehicle during the pendency of the proceedings;

5. He shall up-keep the vehicle with proper maintenance, remitting tax, insurance premium etc;

6. He shall not alter the colour and nature of the vehicle;

7. He shall not use the vehicle for any illegal purpose.

Crl.M.C is allowed as above.

Sd/-

K.HARIPAL

JUDGE Jms/04.01

//True Copy// P.A to Judge

APPENDIX OF CRL.MC 6029/2021 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTERING AUTHORITY, THRIPUNITHARA SRTO Annexure II A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 745/2021 OF THE KOZHIKODE CUSBA POLICE STATION, KOZHIKODE DISTRICT.

A