1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3553 OF 2011 Kamlesh Arvindbhai Shah Petitioner versus The Administrator, Daman and Diu and another Respondents Mr.Akhilesh Singh for petitioner. Mr.D.A.Nalawade for respondent no.1. Mr.A.S.Shitole, APP for State. CORAM : R.V.MORE, J. DATE : 29th November 2011 PC : 1. Rule. Rule made returnable forthwith. By consent, heard finally. 2. The above writ petition is filed under Article 227 of the Constitution of India challenging the order dated 3rd November 2011 passed by the Chief Metropolitan Magistrate, Daman with a further direction to return the motor vehicle bearing No.GJ-15-AD-1836 (Chevrolet Aveo) to the petitioner on such terms and conditions as may deem fit and proper. 3. One Ganesh Shetty lodged a complaint on 23rd May 2011 that on 22nd May 2011 at about 22.15 hours one accused person namely Sabhya bhai and other 15 to 20 unknown persons came in one Maruti 800 car and motor cycles armed with deadly weapons i.. sword, base ball bat etc. and assaulted the complainant on his right shoulder and also assaulted to witness namely Ashraf Mandal, causing grievous injuries to them and the accused persons robbed of Rs.8 to 10 thousands from the complainant's pockets and also damaged other customers vehicles which were parked in hotel premises. On the basis of this complaint, CR No.41 of 2011 came 2 to be registered against said Sabhya bhai and other five persons. Present petitioner is cited as accused no.4. During investigation the Police have seized the said vehicle from the present petitioner. 4. The petitioner filed Criminal Miscellaneous Application No.125 of 2011 in the Court of Chief Metropolitan Magistrate, at Daman under the provisions of section 451 of the Code of Criminal Procedure for releasing the said car to him. The said application came to be rejected vide order dated 3rd November 2011 and therefore present petition is filed. The said application was rejected mainly on the ground that the investigation was not complet. Mr.Nalawade after taking instructions from his client makes a statement that now the investigation is completed and charge sheet is filed before the Chief Metropolitan Magistrate, Daman. 5. The petitioner claims to be the registered owner of the vehicle in question. This claim is supported by the certificate of registration annexed at page 40 of the petition paper book. The said vehicle is seized from the petitioner on 4th July 2011 and the same is lying at Nani Daman Police Station. 6. The Apex Court had an occasion to consider the provisions of Sections 451 and 457 of the Code in Sunderbhai Ambalal Desai Vs. State of Gujarat (2002)10-SCC-283. The Apex Court took note of the fact that during the investigation the vehicles seized by the Police remain unattended and the vehicles become junk day by day. The Apex Cour in paragraph 17 of its judgment made observations that it is of no use to keep such seized vehicles at the police station for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicle, if required at any point of time. This can be done pending hearing of application for return of such vehicles. The Apex Court further observed that in case where the vehicle is not claimed by the accused, owner or the insurance company or by a third person, then such vehicle 3 may be ordered to be auctioned by the Court. 7. In the light of the facts of present case and in the light of the observations made by the Apex Court in case of Sunderbhai Ambalal Desai (supra), I am of the view that the vehicle in question deserves to be released forthwith. 8. The writ petition is therefore disposed of by passing following order:- (A) The Station In-charge of Nani Daman Police Station is directed to give possession of motor vehicle bearing No.GJ-15-AD-1836 (Chevrolet Aveo) to the petitioner which was seized in connection with CR No.41 of 2011 on following conditions: (i) The petitioner shall execute necessary personal bond in the amount of Rs.50,000/-; (ii) The petitioner shall give an undertaking to the concerned Police Station that he will not dispose off/sell the vehicle in question till final disposal of the criminal proceedings; (iii) The petitioner shall maintain the said vehicle in proper condition and produce the same before the learned Magistrate as and when required; (B) Rule is made absolute in above terms. (R.V.MORE, J.)