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Judgment
Though this matter is listed for admission today, with the consent of both sides, taken up for final disposal.
This revision petition is filed challenging the order dated 6.9.2016 passed by the Principal District and Sessions Judge, Mandya.
The petitioner herein has filed an application before the trial Court under Section 457 of Cr.P.C. seeking interim custody of the lorry bearing registration No.KA-54-4023 alleging that complainant-police has registered a case against the accused for the offences punishable under Sections 3, 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994, under Section 4(1A), 21(1) of Mines and Minerals Development and Regulation Act, 1957 and under Sections 379 and 420 of IPC and seized the vehicle loaded with sand and subjected to P.F.No.180/2016 dated 5.7.2016. The vehicle is in the custody of the complainant-police. The applicant is the R.C. owner of the lorry and if the vehicle is not released, it becomes unworthy since it has been parked in front of the police station and there will be chances of deterioration in the vehicle''s condition. Accordingly, he requested for release of the vehicle. The same was opposed by the prosecution. The learned Sessions Judge, after hearing the application, rejected the same on the ground that R.C. smart card of lorry is in the name of applicant Sundaresha, S/o Nagaraju registered up to 15.7.2015 and that R.C. is not renewed. The applicant failed to show that he is the owner of the lorry as on the date of the alleged incident.
Heard the learned counsel appearing for the revision petitioner and also the learned HCGP for the respondent-State.
Perusing the materials on record and as rightly submitted by the leaned counsel for the petitioner, there are no rival applicants seeking release of the vehicle. It is also observed by the trial Court in its order that petitioner is the R.C. smart card holder. But only on the ground that R.C. is not renewed, the application is rejected. The petitioner has undertaken to abide by any reasonable conditions to be imposed by the Court.
Hence, revision petition is allowed. The order passed by the trial Court rejecting the application is set aside. The lorry bearing registration No.KA-54-4023 is ordered to be handed over to the interim custody of the petitioner, subject to the following conditions:
(i) Petitioner shall execute an indemnity bond for Rs.8,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall not remove the parts of the said vehicle and shall not change the colour of the vehicle.
(iii) Photographs of the vehicle to be taken and produced before the concerned Court.
(iv) He shall not transfer or alienate the said vehicle in any manner during the pendency of the proceedings.
(v) He shall produce the said vehicle before the concerned Court as and when directed and ultimately, it is for the concerned Court to take decision, in accordance with law. Intimate the concerned Court accordingly.
In view of the disposal of the main petition, I.A.No.1/2016 filed for direction does not survive for consideration. Accordingly, it is disposed of.