Allowed

Irfan S/O Amir Khan B/C Mev v. State of Rajasthan through Pp

Rajasthan HC16 Apr 2019CRLMP/1614/2019

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to set aside a trial court order refusing release of a seized tractor. The court directed the trial court to release the vehicle upon execution of an indemnity bond with sureties and verification of ownership.

What did the court decide?

Petitioner directed to produce tractor and trolley for trial; petitioner to execute indemnity bond with two sureties to satisfactory conditions of trial court.

Irfan S/O Amir Khan B/C Mev Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1614/2019

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Irfan S/o Amir Khan B/c Mev, R/o Kabira Ka Bas, Macha, Ps Kishangarhbas, District Alwar.

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----Petitioner

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Versus

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State Of Rajasthan Through Pp, Raj.

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----Respondent

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For Petitioner(s) : Mr. Anil Kumar Jain For Respondent(s) : Mr. Sher Singh Mahla, P.P.

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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/ Order

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16/04/2019

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The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 02.03.2019 passed by the Court of Additional Chief Judicial Magistrate, Tijara District Alwar be set aside, whereby the said Court refused to release Tractor Farm Track 45 bearing registration No.RJ-02-RC-7202 along with the trolley to the petitioner.

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The learned counsel appearing for the petitioner has submitted that the petitioner is a registered owner of the vehicle, in question.

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The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending, qua the tractor Farm Track 45 and trolley and the same are case property of case/FIR No.0057/2019, registered at Police Station Tijara District Alwar for offences punishable under Sections 379 and 120-B I.P.C. and under Sections 32, 33, 29, 41 and 42 of the Indian Forest Act.

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I have heard the learned counsel for the parties.

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(2 of 2) [CRLMP-1614/2019]

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The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

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Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present petition is allowed and the trial Court is directed to release the tractor Farm Track 45 and trolley seized as case property by imposing following conditions:-

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“a) That the petitioner shall keep the tractor Farm Track 45 and trolley, so released intact and shall not change their identification.

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b) That the petitioner shall produce the tractor Farm Track 45 and trolley as and when trial court requires the same for proposed identification of the case property.

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c) That the petitioner shall execute Supurdaginama/ indemnity bond and bonds by two sureties to the satisfaction of the trial court.

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(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.”

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Needless to say, trial court shall make verification that the

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petitioner is registered owner of the tractor Farm Track 45 and trolley.

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(KANWALJIT SINGH AHLUWALIA),J.

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ashok

Irfan S/O Amir Khan B/C Mev v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Irfan S/O Amir Khan B/C Mev v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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