IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No. f g 5f / 2009 JCiifi—‘EQN UNDER SECTION 48%}? TH CODE OF CRIMINAL PROCEDURE APPLICANT Angad Sharma S/o Vibhuti Sharmafwd-MML wW a”; Pgw A9 ‘ R/o Bhanpuri, Raipur, Distt.— Raipur Vtm Wyb wwxk ’ 7.1-. g9vfJgg-r5' F MM' 0/“ / KIN [C.G.] 19? a ii VerSus v P'mwn‘iw hieg" g Hal 1mg! ‘9Am l.37b . .7: ,3 7} y ; / ‘ gai'i / ‘/ §I~APPLICANT Staté Of Chhattjsgarh $9 Through- Police station— Chandrapur, Distt.- JanjgipCharIrnpa“{6:G;rlw,\ i ’ iri iiii / L E v #31 @ HIGH COURT OF CHHATTISGARH AT BILASPUR ' SB : HQN’BLE MR. JUMIGE PRITINKER DXWAKER CKMJJIO. 18512009 Angad Shanna APPLICANT NON-APPLICANTS State of Chhattisgarh Shri Sanjay Patel, counsel for the applicant. Shn' Praveen Das, Dy. GA. for the State. W PETITION UNDER SECTION 482 OF THE OREC. ORDER (26.03.2910) iinally. With the consent of the panigs, the matter is heaxd The present petition is dimcted against the impugned order dated 29.08.2008 passed by the Additional Sess'mns Judge, Sakti, Janjgp'r—Champa arising out of the Older dated 29.7.2008 passed in or. Case No. 626/2008 by the Judicial Magistrate First Class Dabhra, Camp Court Sakti Whexeby he leanied Magistxate vide its cider rejected the application as died by the petitioner under Section 457 Cr.P.C. for grant of Supurdnama of his vehicle. This order has been a$nned by the revisional Court. 2. Brief facts of the‘case ale that on 4.7.2008, the vehicle Marshal Jeep bearing regstration No. CG—O4 ZD/2622 was apprehended by the police station Chandrapur and it was found that 51.84 bulk: lines of foreign liquor was being transporhed Without there being my 1 license and on that basis oEence under Sections 34 (1)(a) 8s ‘ 34 (2) of the Excise Act was registered against one Anand f Shanna, who was the driver of the vehicle. Later on the said J vehicle was seized and it has been infomed by the seite g counsel that the condscan‘on proceedings are still pending. t 3. Counsel for the petiu‘oner submits that he' 1's the undisputnd owner of the vehicle in quesu‘on and no uscful purpose would be served in just allowing the vehicle to be in possession of the police authorin‘es. He submits that the vehicle in question is lying (in the police station and if the same is not given to the petitioner, its condition would be deteriorated, rendered useless. He further submits that the petitioner is willing to abide by all the conditionsras may be imposed by this Court while releasing the vehicle on supurduama. 4. On the other hand counsel for the State opposes the petition and submits that once the oonhscation proceedings axe pending the vehicle cannot be released in favour of the peh'tioner. 5. I have heand counsel for the parties and perused the Both the Court below have rejected the application of the applicant hled under Section 457 of the ’Cr.P.C. on the- ground that as the coniiscah'on proceedings are pending, the vehicle cannot be given on supmdnama. The vehicle of the petitioner is lying in the police station in open and uncaied condition and therefore in the opinion of the this Court, the impugied order passed by the Courts below are set aside. It is directed that the vehicle {Mahjndra Maxshall impugned order. Jeep) beating No. CG~04 ZD/ 2622 shall be delivered to the petitioner in interim custody on his furnishing a solvent smety in the sum of Rs. 2,00,000/~ and undertakinghond to the satisfaction of the trial Couxt that he shall produce the said vehicle as and when required by the Court. He shall not hansfer‘or othetwise alienate his possession or title to anybody during pendency of the case. He shall not change the colour or design of the said vehicle. A recent photograph ofthe said vehicle shall be kept in recordLJW,/ve”/" if j: - / SW- Judge r \ Pminker D‘Wake . r i