BHIKHARI KHAN Vs. STATE OF MP

JUDGEMENT

(1.) This is an application, under sec. 482 of the Cr.P.C., seeking indulgence in the matter of release of Tractor-Trolleys bearing registration numbers MP30-AA-5465 allegedly used in transportation of sand by way of committing theft.

(2.) The trial Court by the impugned order dtd. 05/10/2020 has rejected the application filed for release of the vehicles on Supurdginama under Sec. 451 and 457 of the Cr.P.C. The revisional Court has confirmed the order of the trial Court vide order dtd. 20/10/2020.

(3.) The Courts below have justified rejection of application on the premise that the aforesaid vehicles were not having valid transit passes at the relevant point of time, therefore, prima facie were involved in illegal transportation of sand. That apart, the Courts below opined that even after the offence has been compounded by the Collector vide order dtd. 30/07/2021 directing for release of the vehicle after imposing fine, still such vehicles used for commission of theft and illegal excavation and transportation of minerals are liable to be confiscated, as observed by this Court in W.P. No. 4686/2019 (Maniah Rishishwar Vs. State of M.P.) decided on 29/11/2019 and Mohd. Wasim Vs. State of M.P. (2018 (4) HCCD 2035). Accordingly, the application was rejected.