Allowed

Atul Patwal v. State of Uttarakhand

Uttarakhand HC8 Oct 2013C482/339/2013

Case brief

AI extract

What is this about?

The High Court of Uttarakhand allowed a modification application by the applicant to hand over seized LPG cylinders to Indian Oil Corporation. The Court imposed conditions including photographing the cylinders, obtaining signatures, and furnishing a personal bond for the applicant to ensure future recovery and circulation of the goods.

What did the court decide?

Seized LPG cylinders to be handed over to Indian Oil Corporation subject to photographing, signing photos, and furnishing a personal bond.

Atul Patwal Vs State of Uttarakhand — Property and Title | Uttarakhand HC (2013)

¶1

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Modification Appln. MCRC No. 151 / 2013

¶2

¶3

Criminal Misc. Appn. (C-482) No. 339 of 2013

¶4

Atul Patwal …………. Applicant

¶5

versus

¶6

State of Uttarakhand …………. Respondent

¶7

Mr. Manish Arora, Advocate for the applicant / petitioner. Mr. M.A. Khan, AGA with Ms. Sangeeta Miyan, Brief Holder for the respondent State.

¶8

Hon’ble U.C. Dh [ yani J. (o, ral)

¶9

Present petition under Section 482 of Cr.P.C. moved by the applicant Atul Patwal was decided by this Court, vide judgment and order dated 6^th April 2013.

¶10

While allowing said petition, learned Addl. Chief Judicial Magistrate, Haridwar was directed to release the LPG cylinders in supurdgi of M/s Siddhbali Carriers on furnishing personal bond and adequate security to the court’s satisfaction on the following conditions:

¶11

i) The applicant shall undertake in writing that the property in question shall be produced as and when required by the Investigating Officer during the course of investigation and before the court below during the

¶12

¶13

pendency of the case at his own expenses.

¶14

ii) The applicant shall also give an undertaking in writing that the property in question shall not be alienated in any manner during the pendency of the case before the court below.

¶15

Now, by way of this modification application, learned counsel for the applicant prays that the applicant be permitted to handover the gas cylinders to Indian Oil Corporation. The reason assigned for making such a prayer is that the LPG cylinders are required to be put into circulation for adequate supply of the same among the customers.

¶16

After having heard learned counsel for the applicant and learned counsel for the State, this Court has reason to allow such modification application in view of the ruling of Hon’ble Apex Court rendered in Sunder Bhai Ambalal Desai vs. State of Gujarat, AIR (2003) SC 638 .

¶17

Taking a leaf out of the Hon’ble Apex Court’s book, it is hereby directed that the LPG cylinders may be handed over by the applicant to the Indian Oil Corporation subject to the condition that the photographs of such LPG cylinders will be taken after

¶18

¶19

preparing detailed memo of the same. The applicant shall give an undertaking that he will not challenge the recovery of LPG cylinders in the course of proceedings. Applicant will not deny taking of such photographs and would not challenge the recovery thereof on the ground that the LPG cylinders are not physically presented in the Court. The applicant will append his signatures on the photographs and, will submit the same before the court concerned alongwith the undertaking, and only then he will be entitled to handover LPG cylinders to Indian Oil Corporation. The applicant shall also furnish a personal bond of the amount to the satisfaction of learned Judicial Magistrate concerned. Such an order is being passed in furtherance of public good so that the LPG cylinders are not withheld for being put into circulation amongst the customers.

¶20

With the directions as above, the modification application MCRC No. 151 of 2013 stands disposed of.

¶21

Copy of this order be supplied to learned counsel for the applicant today itself on payment of usual charges.

¶22

Dt. October 08, 2013.

¶23

Negi

¶24

Atul Patwal v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Atul Patwal v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ravi Prakash Agarwal and Others Vs State Of Uttarakhand and Others

Sanjay Vyas and Ors. Vs State of Uttarakhand and Anr.

Setu Sharma Vs Smt. Deepa Sharma

Taslim and Ors. Vs State and Anr.

Naresh Kumar Sharma Vs Smt. Urmila Sharma

Ashish Kumar Vs State of Uttarakhand and Anr.