ORDER

1. This application under Section 482 of Cr.P.C. has been filed seeking the following reliefs :-

It is, therefore, prayed that this Hon’ble Court may be pleased to quash order dated 21.02.2024 passed in Cr.R.No.03/2024 by IInd Additional Session Judge, District Sagar (MP) as also order dated 1.12.2013 passed in M.J.C.R. No.173/23 by Judicial Magistrate First Class, Garhakota, District Sagar (MP) and order dated 20.1.2024 passed in M.J.C.R.No.7/2024 by Judicial Magistrate First Class, Garhakota, District Sagar (MP) and further be pleased to direct release of vehicle “Fortuner’ bearing registration no. MP-15-ZA-7474 on “Supurdnama”.

2. It is submitted by counsel for the applicant that Fortuner belonging to the applicant which is bearing registration no. MP-15-ZA-7474 has been seized by Police Station Garhakota, District Sagar in Crime No.659/2023 registered for offence under Sections 25 & 27 of the Arms Act.

3. The vehicle was seized on 28.11.2023.

4. It is submitted that the applicant had gone to the house of his relative on his Fortuner bearing registration no. MP-15-ZA-7474. At about 4 pm 100 to 150 miscreants damaged multiple cars including the vehicle of the applicant. The applicant in order to save his life took shelter inside the house of Arjun Singh. The applicant as well as other persons were taken to Police Station Garhakota, District Sagar. The police after 5 hours of incident implicated the vehicle in Crime no. 659/23 on the ground that two pistols and six live cartridges were seized from dicky of Fortuner car. An application filed by the applicant for release of vehicle on Supurdiginama was rejected by order dated 1.12.2023 by JMFC, Garhakota, District Sagar passed in MJCR No.173/23. Thereafter, another application under Section 457 of Cr.P.C. was filed by the applicant which was once again rejected by JMFC, Garhakota, District Sagar in MJCR No.7/24 by order dated 20.1.2024. Thereafter, revision was filed by the applicant against order dated 1.12.2023 passed in MJCR No.173/23 and order dated 20.1.2024 passed in MJCR No.7/24 which was registered as Criminal Revision No.3/2024 and Second Additional Session Judge, Rahli, District Sagar by order dated 21.2.2024 has rejected the said revision.

5. It is submitted by counsel for the applicant that vehicle of the applicant has been falsely implicated. The applicant is registered owner of the vehicle and he is ready and willing to produce the same as and when it is required and he will comply all the conditions which are imposed by the Trial Court.

6. Per contra, it is submitted by counsel for the State that two pistols and six live cartridges were seized from the vehicle of the applicant.

7. Considered the submissions made by counsel for the parties.

8. The Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 283 has held as under :-

“ 15. Learned Senior Counsel Mr Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, a number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to their owners or to the person from whom the said vehicles are seized by taking appropriate bond and guarantee for the return of the said vehicles if required by the court at any point of time.

16. However, the learned counsel appearing for the petitioners submitted that this question of handing over the vehicle to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the persons concerned.

17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders