Allowed

Komal Ganjhu v. the State of Jharkhand

Jharkhand HC17 Mar 2023Cr.M.P./2967/2022

Case brief

AI extract

What is this about?

High Court of Jharkhand allowed a petition under Section 482 Cr.P.C., quashing an order rejecting the release of a seized motorcycle. Citing settled law, the Court held that since the vehicle was under open sky and not required for investigation, it should be released upon the owner furnishing an indemnity bond and undertaking.

What did the court decide?

The impugned order rejecting the prayer for release of the motorcycle is set aside. The motorcycle is directed to be released to the petitioner upon filing an indemnity bond and undertaking.

Komal Ganjhu Vs the State of Jharkhand — Civil Procedure and Limitation | Jharkhand HC (2023)

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Cr.M.P. No.2967 of 2022

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2967 of 2022

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Komal Ganjhu aged about 28 years son of Modi Ganjhu resident of village- Baniadih, P.O. & P.S.- Kunda, Dist.- Chatra

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.... Petitioner

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Versus

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The State of Jharkhand

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…. Opp. Party

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Chaturvedy, Advocate : Mr. Vikash Anand, Advocate For the State : Mrs. Vandana Bharti, Addl. P.P.

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By the Court:-

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Heard the parties.

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This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quash the order dated 31.08.2020 passed by the learned Sessions Judge-cumSpecial Judge (NDPS), Chatra in Miscellaneous Criminal Application Nio.422 of 2022 arising of Lawalong P.S. Case No.40 of 2019 corresponding to NDPS Case No.65 of 2020 and also pass order for release of the motorcycle bearing registration No. JH 13F 8207, Chasis No. MD634CE41K2F13890, Engine no.CE4FK2313561 in favour of the petitioner.

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It is submitted by the learned counsel for the petitioner that the said motorcycle of the petitioner was recovered from the house of the co-accused of the case namely Raju Ganjhu and some opium

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Cr.M.P. No.2967 of 2022

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and doda was found kept in the house of the co-accused- Raju Ganjhu. It is next submitted by the learned counsel for the petitioner that the petitioner filed an application for release of the said vehicle during the pendency of the trial but by the impugned order, the learned Special Judge has rejected the same. It is then submitted by the learned counsel for the petitioner that the vehicle in question is lying under open sky in the premises of Lawalong police station and the investigating officer has already reported that there is no need of the vehicle in the investigation of the case but still the learned Special Judge has rejected the prayer for release of the said motorcycle.

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Learned Addl. P.P. on the other hand submitted that stringent condition be imposed for ensuring production of the said motorcycle as and when required during the pendency of the case and before the investigating officer of the case.

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It is a settled principle of law as has been held by the honourable Supreme Court of India in the case of Sundebhai Ambalal Desai V. State of Gujarat, AIR 2003 SC 638, that it is of no use, keep the seized vehicle at the police station for a long time and it is for the magistrate or pass appropriate orders immediately by taking of bond and guarantee as well as security for the return of the vehicle, if the required at any point of time that can be ordered to be produced.

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In view of the settled principle of law considering the facts of the case, as the Investigating Officer has already intimated the court concerned that the vehicle is not required in the investigation of

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Cr.M.P. No.2967 of 2022

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the case and as the vehicle is lying under open sky in the premises of the police station which can damage the vehicle and as the petitioner who is undisputedly, the owner of the vehicle seized, is ready and willing to abide by all the conditions to be imposed for release of the said vehicle; in the considered opinion of this Court, the impugned order by which the learned Special Judge has rejected the prayer to release the vehicle is indefensible and is not sustainable in law. Accordingly, the same is set aside.

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The learned Sessions Judge-cum- Special Judge (NDPS), Chatra is directed to release the motorcycle bearing registration No. JH 13F 8207, Chasis No. MD634CE41K2F13890, Engine No. CE4FK2313561 in favour of the petitioner upon the petitioner producing the ownership book of the said motorcycle and submitting an undertaking in shape of an indemnity bond to produce the said motorcycle as and when required either by the court or by the investigating officer and any other condition to be imposed by the learned trial court.

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In the result, this criminal miscellaneous petition is allowed.

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(Anil Kumar Choudhary, J.)

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High Court of Jharkhand, Ranchi Dated the 17^th March, 2023 AFR/Sonu-Gunjan/-

Komal Ganjhu v. the State of Jharkhand

Case brief

What is this about?

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Komal Ganjhu v. the State of Jharkhand

Case brief

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