IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)

ON THE 1st OF APRIL, 2023 MISC. CRIMINAL CASE No. 58241 of 2022 BETWEEN:-

MOBEEN ALI S/O SHRI MAZ ALI, AGED ABOUT 32 YEARS, OCCUPATION: BUSINESS WARD NO 3 SOHAGPUR DISTRICT SOHAGPUR (MADHYA PRADESH)

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

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION MANPUR DISTRICT UMARIYA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI ANAND SHUKLA – PANEL LAWYER )

…………………………………………………………………………

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

ORDER

This petition has been filed under Section 482 Cr.P.C. for setting aside order dated 09.06.2022 passed by Judicial Magistrate First Class, Manpur, Distt. Umaria relating to Crime No.189/2022 registered at PS Manpur, Distt. Umaria; whereby, petitioner’s Signature Not Verified Signed by: ANAND KRISHNA application filed under Sections 451/457 CrPC to release the vehicle Toyota Glanza bearing registration No. MP 18 CA 4215 on "Supurdginama" has been rejected.

2. Brief facts of the case are that on 27.05.2022, on a credible information to the effect that some miscreants are involved in gambling in a room being No.206 in Royal Heritage Resort, Tala Bazar, Umaria. Police raided the spot and found as many as nine persons indulged in gambling. During raid, an amount of Rs.5,01,580/- and Playing Cards which were being used in the alleged gambling were seized. Further, 08 mobiles and vehicles Eco Sports bearing registration No.MP 20 CE 5229, Toyota Glanza bearing registration No.MP 18 CA 4215 and Maruti Alto 800 bearing registration No.MP 18 C 5021 belonging to the accused persons were also seized. Thereafter, a case under Section 3/4 of the M.P. Public Gambling Act at Crime No.189/2022 against all the accused persons was registered. The petitioner being an owner of the vehicle approached the trial Court to get it released on Supurdginama but the application has been dismissed. Hence, this petition.

3. Learned counsel for the petitioner has submitted that all the material relating to the alleged gambling were seized from the hotel room and vehicles parked in the parking area could not be in any manner said to be connected with the alleged offence. The petitioner is the original owner of seized vehicle. Vehicle in question is having Signature Not Verified Signed by: ANAND KRISHNA no direct or indirect nexus with the said crime. The vehicle is lying in the compound of Police Station concerned without any protection from weather. Vehicle in police station for a long period is of no use. Condition of seized vehicle is deteriorating day-by-day as the same is lying in open sky and under heat of sun and rains. Vehicle is loosing its value day-by-day due to lack of maintenance, natural wear and tear and passing of time. The Court below ought to have passed an appropriate order by taking appropriate bond and guarantee as well as security for return of vehicle to the petitioner on interim custody. He is ready to maintain condition of vehicle and during pendency of all proceedings, he will not alienate or transfer vehicle. He also undertakes that he will not use the vehicle for commission of any offence. The Magistrate concerned is competent to release the vehicle on interim custody and, hence, prayed for setting aside the impugned order by allowing this petition, with a direction to police authorities to release the vehicle to petitioner on interim custody. On these grounds a prayer is made to release the said vehicle.

4. Learned Panel Lawyer for the respondent/State has vehemently opposed the releasing of vehicle on Supurdnama.

5. Provisions of Sections 451 of Criminal Procedure Code provides power to the Court to pass an appropriate order for interim custody and for disposal of seized property pending trial where the property is subjected to natural decay and looking to the other Signature Not Verified Signed by: ANAND KRISHNA circumstances, to the