Allowed

Sanjay Kumar and Ors. v. The State Of Bihar

Patna HC29 Jul 2015CR. MISC./44553/2012

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. directing the release of four seized LPG cylinders. Relying on the delay in trial and lack of confiscation proceedings, the Court ordered release subject to furnishing security, executing bonds for production, and obtaining photographs of the cylinders.

What did the court decide?

Directs release of four seized LPG cylinders in favour of petitioners on furnishing security, undertaking bonds to produce cylinders, and obtaining photographs.

Sanjay Kumar and Ors. Vs The State Of Bihar — Execution and Attachment | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.44553 of 2012

¶3

====================================================== 1. Sanjay Kumar, S/O Sri Suresh Mahto 2. Bijay Paswan @ Vijay Paswan, S/O Late Ramlagan Paswan Both R/O Village - Dudhar Sunderganj, P.S. Risiup, District - Aurangabad 3. Raj Kumar Sao, S/O Sri Ganesh Sao, R/O Village - Sunderganj, P.S. Risiup, District - Aurangabad 4. Rajendra Singh, S/O Late Kameshwar Singh, R/O Village - Rajpur, P.S. Mali, District - Aurangabad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s

¶4

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr.Adv. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

¶5

3 29-07-2015 Heard.

¶6

The petitioners, four in number, have filed the present application under Section 482 Cr.P.C. invoking the inherent powers of this Court for issuance of a direction for release of four seized LPG gas cylinders in their favour on furnishing adequate security and bonds, after quashing the order dated 28.05.2012 passed in Aurangabad (Town) P.S. Case No.24 of 2012 dated 17.01.2012 by the learned C.J.M., Aurangabad as also the order dated 07.09.2012 passed in Cr.Rev. No.101 of 2012 by the learned Sessions Judge, Aurangabad, whereby the prayer for release of the aforesaid gas cylinders has been rejected.

¶7

Learned senior counsel appearing on behalf of the petitioners submits that the four gas cylinders were seized by the police merely on suspicion and surmises as papers were produced only with respect to two gas cylinders by the accused and, therefore, it was inferred that two gas cylinders in possession of

¶8

Patna High Court Cr.Misc. No.44553 of 2012 (3) dt.29-07-2015

¶9

¶10

the accused persons was illegal. It is further submitted that in view of the seizure of the aforesaid gas cylinders a substantive criminal case giving rise to Aurangabad (Town) P.S. Case No.24 of 2012 dated 17.01.2012 was registered for an offence under Section 7 of the E.C. Act. It is next submitted that, now, on close of investigation, charge-sheet has been submitted. It is contended that the petition filed on behalf of the petitioners for release of the aforesaid seized LPG gas cylinders has been rejected by the learned C.J.M., Aurangabad by his impugned order dated 28.05.2012 on two non-est grounds that with respect to seized gas cylinders a confiscation proceeding may be started under the provisions of the Essential Commodities Act and the investigation of the criminal case is not complete.

¶11

Learned senior counsel appearing on behalf of the petitioners, by referring to the averments made in the supplementary affidavit, submits that till date no confiscation proceeding has been started with respect to seized four gas cylinders and, now, charge sheet has been submitted against the accused. He next contended that the order passed by the learned C.J.M., Aurangabad has been mechanically affirmed by the learned Sessions Judge, Aurangabad by his impugned revisional order dated 07.09.2012. By placing reliance on a judgment of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat [2003(4) PLJR(SC) 244] , he submits that on furnishing proper security and execution of bond the gas cylinders are fit to be released in favour of the petitioners as, according to him, there is no possibility of the criminal trial in the criminal case in question being concluded in near future.

¶12

Learned Addl.P.P. appearing on behalf of the State of

¶13

Patna High Court Cr.Misc. No.44553 of 2012 (3) dt.29-07-2015

¶14

¶15

Bihar submitted that the gas cylinders may be released in favour of the petitioners only on furnishing sufficient security and execution of a proper bond by the petitioners and they may be directed to produce the gas cylinders whenever required during the course of trial.

¶16

After having heard the parties, this Court finds that, though the criminal case was instituted way back on 17.01.2012, but, despite passage of more than three years, criminal trial of the accused persons has not started till date. This Court further finds that the confiscation proceeding has not been started till date by the State of Bihar with respect to the seized four LPG gas cylinders. In view of the judicial pronouncement of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat ( supra ) and taking into consideration the fact that no useful purpose shall be served by keeping these four gas cylinders at the police station, this Court directs that the seized gas cylinders shall be released in favour of the petitioners on following conditions:-

¶17

(i) The petitioners shall furnish adequate security to the satisfaction of the learned Magistrate;

¶18

(ii) The petitioners shall furnish bonds to produce the aforesaid gas cylinders during the course of trial, if the trial of the accused persons is taken up in near future and is concluded within a period of six months, or alternatively, the photographs of the seized gas cylinders shall be taken for the purposes of use during the course of trial;

¶19

(iii) If the gas cylinders so released in favour of the petitioners are not produced during the course of

¶20

Patna High Court Cr.Misc. No.44553 of 2012 (3) dt.29-07-2015

¶21

¶22

trial after expiry of six months, as indicated above, then the accused persons shall not be permitted to take a plea about non-seizure of the gas cylinders with respect to criminal case in question and in that case photographs of the gas cylinders so taken at the time of release shall be used as an evidence in support of the seizure of aforesaid gas cylinders; (iv) The learned Magistrate shall be at liberty to put any other reasonable condition for release of the gas cylinders in question, which may be necessary for conclusion of the trial of the criminal case.

¶23

With the aforesaid observations and directions, the present application stands allowed.

¶24

(Birendra Prasad Verma, J)

¶25

Arvind/-

¶26

U T

Sanjay Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prabhu Nath Singh Vs the State of Bihar and Ors.

Gopal Prasad Gupta Vs the State of Bihar and Ors.

Bank of India Staff Associatio Vs Bank of India Thru.the Chairma

Mukesh Chaudhary Vs The State Of Bihar

Vinod Paswan @ Vinod Kumar Paswan and Ors. Vs Mr. Sanjeev Saran , Chairman, Madhya Bihar Graimin Bank, Patna and Anr.

Rashmi Kumari Vs The State Of Bihar and Ors.