ORDER

The present petition is filed under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 for taking possession of Toyota Etios Car bearing Registration No. RJ 27 CD 5290 on Supurdginama as the present applicant is registered owner of the vehicle.

2. As per prosecution story, Toyota Etios Car bearing Registration No. RJ 27 CD 5290 was seized by the police in crime no.193/2020 registered at police station Malawar (Rajgarh) from accused person for the offence registered under sections 8/20 of the NDPS Act. For allegation of transportation of contraband.

3. The applicant being owner of the vehicle in question has filed an application under Section 451 of Cr.P.C. for interim custody of the vehicle, which has been rejected vide order dated 22.06.2021 as custody of the vehicle is required looking to the gravity of the offence, hence, present petition before this Court.

4. Learned counsel for the applicant while praying for interim custody of the subject vehicle submits that the applicant is the registered owner of the vehicle in question and therefore, he is entitled for interim custody of the vehicle. The learned counsel for the applicant has relied upon the judgment rendered in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

He has also placed reliance on order passed by this Court in the case of Nirmal Singh V/s. State of M.P. (CRR No.4669/2019 decided on 17.12.2019) in which, in the similar facts and circumstances, this Court has directed to release the vehicle on 'Supurdiginama'.

5. Per contra, learned Govt. Advocate opposes the revision and prays its rejection.

6. U/s. 60 of the NDPS Act, the vehicle involved in the offence under the NDPS Act is liable to be confiscated. U/s. 63, in the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the Court shall decide whether any article or thing seized under this Act is liable to confiscation u/s. 60 or Section 61 or Section 62 of the Act. Therefore, the proceedings of confiscation is liable to be initiated after conclusion of the trial as per discretion of the Court. The applicant is a registered owner of the vehicle as per the prosecution story, therefore, the said vehicle can be released to him during pendency of the trial.

7. It is also settled legal proposition of law that interim custody of the vehicle cannot be denied on the ground that it is liable to be confiscated, in case the offence is proved against the accused.

8. Keeping in mind the judgment of the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai (supra) , there is no reason to deny interim custody of the vehicle to the owner or person entitled to get possession of the vehicle. If the vehicle is allowed to be kept in the police station for an indefinite period, then value of the vehicle shall be diminished substantially and it may not remain in usable condition. In the above circumstances, the prayer of the applicant deserves to be allowed.

9. Consequently, the present petition is allowed. The impugned order dated 22.06.2021 passed by learned trial court is set aside and Toyota Etios Car bearing Registration No. RJ 27 CD 5290 is ordered to be released on 'supurdaginama' in favour of the applicant till completion of the trial on the following conditions:-

(a) the applicant shall furnish a personal bond in the sum of Rs.3,00,000/- (Rupees Three Lacs only) with one solvent surety in the like amount to the satisfaction of the trial court undertaking to produce the vehicle aforesaid in the Court as and when required to do so.

(b) the applicant shall get the vehicle aforesaid photographed showing the registration number as well as the chas