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Judgment
J. P. Gupta, J
This petition under section 482 of the Cr.P.C has been preferred for quashment of the order dated 12/10/2020 passed by the Special Judge (NDPS Act), Rewa in Crime No. 83/2020 under section 8B, 20, 25, of NDPS Act registered at police station Atraila, District Rewa, whereby the application filed by the applicant for temporary release of the motorcycle No. MP 17-MQ-4043, which has been seized in the aforesaid offence, has been rejected.
Having considered the contentions of learned counsel for the parties and on perusal of record, in view of this Court the impugned order is not sustainable. Learned trial court has rejected the prayer mainly on the ground that against the applicant another criminal case in the year 2014 under 34(2) of M.P Excise Act was also registered, therefore, there is possibility to use the aforesaid vehicle for further commission of the crime. In view of this Court the aforesaid opinion is not in accordance with law.
The vehicle confiscated can be released only at the time of the final decision of the case and it will take time. Till that time, the vehicle can't be kept ideal in the court premises or police premises. If it is not released it will get ruined. Therefore, considering the interest of the justice, the vehicle should be given to the applicant temporarily, who is registered owner of the vehicle on condition learned trial court think fit and on the submission of the relevant document with regard to ownership and on such condition that the applicant shall furnish a personal bond in the sum of Rs.50,000/- for the aforesaid vehicle, with one solvent surety in the like amount to the satisfaction of the trial court on an undertaking to produce the said vehicle before the trial court as and when required. Accordingly, this petition stands disposed of.
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