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                          MCrC.No.3562/2018



            HIGH COURT OF MADHYA PRADESH
              PRINCIPAL SEAT AT JABALPUR
                        MCrC No.3562/2018
                     (Amritlal Singh vs. State of M.P.)

Jabalpur, Dated : 02.07.2018

      Shri Vivek Shukla, learned counsel for the petitioner.
      Shri Manish Awasthi, learned Government Advocate for
respondent/State.

Heard.

Perused the case diary.

The petitioner has filed this petition under Section 482 of CrPC being aggrieved by order dated 11.01.2018 passed by II ASJ Sidhi, District Sidhi, in Criminal Revision No.215/2017 arising out of order dated 20.11.2017 passed by Judicial Magistrate First Class, Churhat, District Sidhi in Crime No.501/2017. whereby, the application filed under Section 457 of CrPC has been dismissed.

Prosecution case, in short, is that on 09.11.2017 Police Station Churhat, District Sidhi received information from the informer that owner of vehicle Tractor bearing No.M.P. 53 A.A. 6454 is transporting illegal sand. On such information, Police apprehended the said vehicle and registered offence punishable under Section 379, 414/34 of IPC; Section 27, 29, 39, 41 & 51 of Wild Life Protection Act; Section 2, 41, 52 of India Forest Act; Section 4 & 21 of Mines Act and Section 15 of Pollution Control Act, 1986 vide crime No.501/2017 against the owner and driver of the vehicle.

The petitioner filed an application under Section 457 of CrPC for "Supurdginama" of the seized vehicle. The application was :: 2 :

MCrC.No.3562/2018 rejected by the JMFC, Churhat, District Sidhi vide order dated 20.11.2017 and order of rejection was affirmed by the ASJ, District Sidhi vide order dated 11.01.2018.

The petitioner has filed Registration certificate, Certificate of Insurance cum Policy Schedule, Permit of transportation and vehicle fitness certificate with regard to Vehicle Tractor bearing No.M.P. 53 A.A. 6454.

Learned counsel for the petitioner has submitted that impugned orders are illegal and arbitrary. It is further submitted that the vehicle is parked in open place in the police station and if is will remain in open place it will be damaged. It is also submitted that the petitioner was using said vehicle for loading and unloading of articles for work which was going on in nearby villages. On these grounds prayer is made to release the vehicle on "Supurdginama."

Per contra, learned counsel for the State has opposed the petition.

At this stage, learned counsel for the petitioner has relied upon Madhukar Rao Vs. State of M.P. 2000 (1) MPLJ (FB) 289 in which it has been held that, the property including the vehicle seized on accusation or suspicion of commission of an offence under the Act can, or relevant grounds and circumstances, be released by the Magistrate pending trial in accordance with Section 50(4) of the Act and Section 451 of Cr.P.C. Mere seizure if any property including vehicle on the charge of commission of an offence would not make the property to be of the State Government under Section 39(1) (d) of the Act.

In similar facts in the case of Sunderbhai Ambalal Desai Vs. :: 3 :

MCrC.No.3562/2018 State of Gujarat, (2002) 10 SCC 290 Hon'ble the Apex Court has clearly and unambiguously has held that the vehicle or equipment seized shall be released within a period of 15 days as far as practicable for keeping the vehicle in open would caused damaged to the vehicle.

On the other hand learned counsel for the State relied on Ramniwas Vs. Game Range Chambal Sanctuary Bhind Headquarter, Ambah District Morena 2012 CRI. L.J. 1747.

Keeping in view taken by the Hon'ble Supreme Court in case of Madhukar Rao (supra) and Sunderbhai Ambalal Desai (supra), petition is allowed. Impugned order dated 11.01.2018 passed by II ASJ Sidhi, District Sidhi, in Criminal Revision No.215/2017 arising out of order dated 20.11.2017 passed by Judicial Magistrate First Class, Churhat, District Sidhi in Crime No.501/2017 is hereby, set aside.

It is directed that the vehicle Tractor bearing No.M.P. 53 A.A. 6454 be given to the petitioner on "Supurdginama" subject to production of the original registration certificate and insurance certificate. Accordingly, it is ordered that the vehicle Tractor bearing No.M.P. 53 A.A. 6454 seized in connection with Crime No.501/2017 be given to the petitioner till the disposal of the case or the final disposal of the confiscation proceeding, if any, before the Forest Department, whichever is earlier on the following terms and conditions:-

(i) That, the petitioner shall furnish a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs Only) 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 petitioner shall get the vehicle photographed :: 4 :

MCrC.No.3562/2018 showing the registration number as well as the chassis number of the motorcycle. Such photographs shall be taken in the presence of the responsible officer, who will be deputed by the trial Court and to be kept in the file of the case.

(iii) That the personal bond of the petitioner as well as surety shall carry the photographs of both and the bond of surety shall further carry the photograph of person identifying him before the Court which would be with full residential proof of the surety and the person in defying him.

(iv) The petitioner shall undertake not to transfer the ownership of the vehicle and shall not lease it to anyone and not make or allow any changes in it to be made so as to make unidentifiable.

(v) The petitioner will not allow the vehicle to be used any antisocial activities.

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

(vii) The petitioner is also directed to produce the Bank Guarantee of Rs.2,00,000/-(Rs. Two lakhs only) for two years before the concerned trial Court for the aforesaid purpose. The petition is allowed in above terms.

A copy of this order be sent to the learned trial Court for necessary compliance.

Certified copy as per rules.

(Smt. Anjuli Palo) Judge shabana Digitally signed by SHABANA ANSARI Date: 2018.07.03 14:04:17 +05'30'