IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI th ON THE 11 OF MARCH, 2024 CRIMINAL REVISION No. 2881 of 2021 BETWEEN:-

RAHUL SAKET S/O RAHISH SAKET, AGED ABOUT 27 YEARS, OCCUPATION: LABOURER, R/O WARD NO.2, BAIKUNTHPUR, P.S. BAIKUNTHPUR, DISTRICT REWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI SUKHENDRA SINGH - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH P.S.

ANTRAILA, DISTRICT REWA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE)

This revision coming on for admission this day, the court passed the following:

ORDER

This Criminal Revision under Section 397/401 of the Code of Criminal Procedure has been filed challenging the order dated 09.04.2021 whereby the application filed under Section 457 of Cr.P.C. for releasing the vehicle seized in an offence registered vide Crime No.41/2020 under Section 8A(C), 22 of the NDPS Act and Section 5/13 of the M.P. (Drugs) Control Act, was rejected by the trial Court.

2. The said application has been rejected by the Court on the ground that the vehicle i.e. Apache motorcycle bearing registration No.MP17-MU2936, Chasis No.MD634BE44J2H41407 was carrying commercial quantity of cough Signature Not Verified syrup of Velcirex company and as such, the Court found that the crime in which vehicle was seized is of serious nature and, therefore, the application has been rejected.

3. As per the case of the prosecution, the offence was committed somewhere in the month of July, 2020, as the vehicle of present applicant was seized by the police and it was found involved in carrying commercial quantity of Velcirex cough syrup unauthorizedly.

4. It is submitted by learned counsel for the applicant that the said vehicle was not carrying any such article, but a false case has been registered, though the present applicant is owner of the vehicle, but he was not found involved in the said crime. It is further submitted that the vehicle was in a running condition which is now lying in the police station in an open place, as such, physical condition of the vehicle is being deteriorated day-by-day. It is requested that the vehicle be released and as and when it is required, the same will be produced in the Court by the applicant.

5. Considering the submissions made by learned counsel for the applicant, though it is opposed by learned counsel for the State, but as per the legal position, there is no bar in releasing the vehicle and merely because it was found involved in a crime and has been seized by the police, and the condition of the vehicle is being deteriorated day by day and it would be of no use to keep the vehicle in the custody of the police.

6. In view of the above, this revision deserves to be and is hereby allowed and the trial Court is directed to release the vehicle i.e Apache Motorcycle bearing registration No.MP17-MU2936 on Supurdginama to the applicant during trial subject to following conditions:-

Signature Not Verified (i) That, the applicant shall furnish a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial court on an undertaking to produce the said vehicle before the trial Court as and when required.

(ii) That, the applicant shall not transfer/sell/alienate or create any third party interest in respect of vehicle in question without the permission of the trial Court.

(iii) The applicant will not change the parts, colour or machinery, except for necessary repairs for smooth running of the vehicle.

(iv) The applicant will produce the vehicle at his own expenses as and when directed to be produced by the trial Court.

(v) In the event of confiscation order by the Court competent, the applicant shall keep the vehicle present positively for confiscation.

(vi) The applicant shall get the vehicle photographed showing the registration number as well as the chassis number of the vehicle in question. Such photograph shall be taken in the presence of the respo