Ashok Kumar Vs. State of Bihar & Ors.
EmailAppeal: Criminal Appeal No. 341 of 2000
(Arising out of SLP(Crl.) No. 3131/99)
(Arising out of SLP(Crl.) No. 3131/99)
Petitioner: Ashok Kumar
Respondent: State of Bihar & Ors.
Apeal: Criminal Appeal No. 341 of 2000
(Arising out of SLP(Crl.) No. 3131/99)
(Arising out of SLP(Crl.) No. 3131/99)
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Jul 04, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 451 – Seizure of vehicle – Said vehicle standing in court compound since long. Held that on conditions, vehicle be re-stored to registered owner.
(Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. We do not think it necessary to keep the vehicle in the compound of the court indefinitely for a very long time till the final disposal of this case. It is more advisable to entrust it to the registered owner on behalf of the court under certain conditions. We, therefore, direct the court in whose custody the vehicle is presently kept to release the same to the appellant on the following conditions:-
1. He shall execute a bond in a sum of Rs. 1,00,000/- (one lakh) with two solvent sureties to the satisfaction of the Chief Judi-cial Magistrate, Muzaffarpur.
2. He must satisfy the court that he is the registered owner of the vehicle.
3. He shall not allow his son Deepak Singh to use the vehicle until disposal of the prosecution case against him. He shall file an undertaking in court to that effect.
4. He shall produce the vehicle either before the court or before such other authorities as the court may direct.
5. He will not transfer the vehicle to anybody else nor posses-sion of the same be parted with until disposal of the case.
3. The appeal is disposed of accordingly.
1. Leave granted.
2. We do not think it necessary to keep the vehicle in the compound of the court indefinitely for a very long time till the final disposal of this case. It is more advisable to entrust it to the registered owner on behalf of the court under certain conditions. We, therefore, direct the court in whose custody the vehicle is presently kept to release the same to the appellant on the following conditions:-
1. He shall execute a bond in a sum of Rs. 1,00,000/- (one lakh) with two solvent sureties to the satisfaction of the Chief Judi-cial Magistrate, Muzaffarpur.
2. He must satisfy the court that he is the registered owner of the vehicle.
3. He shall not allow his son Deepak Singh to use the vehicle until disposal of the prosecution case against him. He shall file an undertaking in court to that effect.
4. He shall produce the vehicle either before the court or before such other authorities as the court may direct.
5. He will not transfer the vehicle to anybody else nor posses-sion of the same be parted with until disposal of the case.
3. The appeal is disposed of accordingly.
