IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA ON THE 4^th OF JULY, 2023 CRIMINAL REVISION No. 871 of 2022 BETWEEN:-

AU SMALL FINANCE BANK LTD.

19-A DHULESHWAR GARDEN, AJMER ROAD, C-SCHEME, JAIPUR (RAJASTHAN)

BRANCH OFFICE- 6TH FLOOR DHAN TRIDENT BUILDING NEAR SATYA SAI SQUARE, VIJAY NAGAR, INDORE (M.P.)

THROUGH IT’S AUTHORIZED REPRESENTATIVE MR. GAURAV NAIK S/O PRASANNA NAIK, INDORE (M.P.)

(BANK/VEHICLE FINANCER)

.....PETITIONER (BY SHRI DHIRAJ DHAIGUDE - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION BERCHA, SHAJAPUR (M.P.)

2. IQBAL S/O DILAWAR KHAN R/O: BHARAT COLONY, JAWRA, 18 STATION ROAD, DISTRICT RATLAM (M.P.)

.....RESPONDENTS (BY SHRI SUHAS PUNDLIK – GOVERNMENT ADVOCATE)

-----------------------------------------------------------------------------------------------------

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

ORDER

1/ Petitioner has filed this Criminal Revision under Section

397 of Cr.P.C. being aggrieved by the order dated 11.1.2022 passed by the Special Judge (NDPS Act), Shajapur in NDPS Case No.9/2021, whereby an application under Section 451 and 457 of Cr.P.C. for Supurdgi of the seized vehicle bearing registration No. MP09-CX-6925 has been rejected.

2/ The facts in brief are that on 7.2.2021 police got discreet information from the informant regarding the illegal transportation of contraband in a black colour Hyundai Verna car bearing registration No.MP09-CX-6925. Acting upon the said information, police party reached on the spot and intercepted the aforesaid vehicle and during the search 7 k.g. opium, which was kept in 14 boxes, was recovered from the possession of the accused Iqbal. Accordingly contraband and the aforesaid vehicle was seized by the police. Accordingly offence has been registered against the accused.

3/ Petitioner has preferred an application under Section 451 and 457 of Cr.P.C. before the trial Court for Supurdgi of the aforesaid vehicle. After hearing both the parties, trial Court has rejected the said application by observing that accused has paid 28 installments and if the future installments are paid by the accused, in that condition no financial loss would be caused to the petitioner. Being aggrieved by the aforesaid order, petitioner has preferred this revision.

4/ Learned counsel for the petitioner submitted that the accused Iqbal Khan has availed vehicle loan of Rs.10 Lakhs entering into written agreement from the petitioner-bank in the month of January 2018, having repayment terms of total 51 EMI of Rs.25,846/- each. In the very beginning borrower Iqbal Khan made regular payments towards the said loan, but after 6 months he is continuously defaulting and committed irregularities in repayment of EMI. The said vehicle was also moved from its original place to avoid any seizure. Therefore, petitioner-Bank is having first charge on the said vehicle and is entitled to take custody of the vehicle until the entire loan is paid by the borrower. The learned trial Court has dismissed the petitioner’s application without considering the factual and legal position of the case. If the vehicle is parked in an open area, it will impact the condition of the vehicle and it will deteriorate further. Hence, he prays that the impugned order be set aside and the said vehicle be given on Supurdgi during the pendency of the trial to the petitioner.

5/ Per contra, learned counsel for the respondent/State opposes the prayer made by the petitioner by submitting that the petitioner’s vehicle was found to be involved in a serious crime registered under the NDPS Act and if the vehicle in question is handed over to the petitioner, the same may be sold out by the petitioner. As per Section 52(A)(2) of NDPS Act, the aforesaid vehicle cannot be given on Supurdginama. Hence this petition deserves to be rejected.

6/ I have heard the rival submissions made by learned counsel for both the parties and perused the record.

7/ It is not disp