KRISHNA DEV SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) True copy of the registration certificate of motorcycle bearing registration No.MP-17-MT-6134 has been produced by the learned counsel for the applicant.

(2.) It is alleged that the Police seized motorcycle bearing registration No.MP/17-MT/6134 in connection with Crime No.211/2019 for the offence punishable under Section 8, 20(B) of the NDPS Act On that, the applicant, who is the registered owner of the said motorcycle bearing registration No.MP/17-MT/6134 filed an application under Section 457/451 of Cr.P.C. before Special Judge Rewa for getting interim custody of the said vehicle. The learned Special Judge rejected the application vide order dated 03/10/2019. Being aggrieved by that order, the applicant filed this petition.

(3.) Learned counsel for the applicant submitted that applicant is the registered owner of the motorcycle bearing registration No.MP/17-MT/6134, so he is entitled to get the custody of said vehicle. He further submitted that learned Special Judge committed mistake in rejecting the prayer of the applicant only on the basis that Superintendent of Police, Rewa sent information to District Magistrate, Rewa for confiscation of the seized vehicle. In this regard, counsel has relied on the Apex Court judgment passed in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, 2002 10 SCC 283, whereby the Court held that whatever be the situation, it is of no use to keep seized vehicle at Police Stations for long period. It is for the Magistrate to pass appropriate orders immediately by taking bond and guarantee as well as security for return of said vehicle, if required at any point of time. Hence counsel prayed that the application be allowed.