Ownership documentation is critical for the release of seized property; indefinite retention of such items is unreasonable if ownership is established.

ORDER

15/01/2024

By way of filing these two criminal misc. petitions, Damodar Sharma and another (S.B. Criminal Misc. (Pet.) No. 4316/2023) and Ramniwas (S.B. Criminal Misc. (Pet.) No. 3508/2023) have challenged the order dated 9.5.2023 and 2.6.2023 passed by the learned Judicial Magistrate, Sardarshahar, District Churu, whereby an order has been passed to hand over Bolero Pickup No.RJ37-GB- 1034, to the petitioner Ramniwas on Supardginama.

From the perusal of the case file, it appears that a dispute pertaining to one Bolero Pickup No.RJ21-GC-6327 and the sound system/DJ system installed thereupon is pending before competent criminal court.

The petitioner Damodar Sharma (S.B. Criminal Misc. (Pet.) No. 4316/2023) lodged an FIR No.162/2022 at Police Station Bhanipura, District Churu against Ramniwas (petitioner in S.B. Criminal Misc. (Pet.) No. 3508/2023) alleging inter-alia that they jointly invested a sum of Rs.5,15,000/- and got one DJ system installed over Bolero Pickup No.RJ21-GC-6327. Later on, Ramniwas backed out and wanted to sell the vehicle. To resolve the dispute, it was decided that since Ramniwas is having share of Rs.1,75,000/- against his investment for purchase of Bolero Pickup No.RJ21-GC-6327 and Rs.75,000/- towards the sound system/DJ system installed over the said vehicle, the same shall be returned to him. Consequently, a sale deed with regard to Bolero Pickup No.RJ21-GC-6327 was got executed in favour of petitioner No.2 – Sudheer (S.B. Criminal Misc. (Pet.) No.4316/2023) and payment was made to Ramniwas. Later on, on 3.8.2022 Ramniwas borrowed the vehicle Bolero Pickup No.RJ21- GC-6327 alongwith DJ system for one day, however he never turned up to return the same. The police after making investigation in connection with FIR No.162/2022 registered against the petitioner Ramniwas has filed a charge-sheet for the offences under Sections 420 and 406 IPC before the competent criminal court.

Indisputably, the petitioner Ramniwas has produced documents regarding ownership of Bolero No.RJ37-GB-1034 over which, he allegedly installed the DJ system and generator in a fraudulent manner. The documents regarding ownership of DJ system/machine and generator installed over Bolero No.RJ37-GB- 1034 are also in the name of petitioner Ramniwas.

In the considered opinion of this Court, once the petitioner Ramniwas has produced documents regarding ownership of the articles installed by him over the seized vehicle (Bolero No.RJ37- GB-1034), then the same should have been ordered to be released in his favour by the learned trial court. It is also to be noted that the allegations levelled against the petitioner Ramniwas are yet to be proved by way of leading evidence during trial. Thus, the reason given by learned trial court by the impugned order dated 9.5.2023 does not hold good and the same is not sustainable in the eye of law. Further, perusal of the impugned orders reveals that the seized vehicle Bolero No.RJ37-GB-1034 has already been ordered to be released in favour of Ramniwas on Supardginama on the ground that Certificate of Registration with regard to the said vehicle stands in his name. It is settled law that there is no use to keep seized article in custody for a longer period for the purpose of investigation or till completion of trial as the same will be damaged or rendered useless, if continued to be kept at the open place. Thus, the seized article ought to have been released by the learned trial court by taking appropriate bond and the guarantee for the return thereof if required by the court at any point of time.

In the result, the present criminal misc. petitions are disposed of. The orders impugned in the petitions are quashed. The DJ system/machine with generator installed on the vehicle i.e. Bolero No.RJ37-GB-1034 be handed over to the petitioner Ramniwas on his submitting a bank guarantee of Rs.2 lacs alongwith Supardginama and bonds to the satisfaction of the learned trial court.

A copy of this order be placed in bot