Case Note & Summary
The revision petitioner, Sri. Mustafa, was aggrieved by the order of the IV Additional Senior Civil Judge and JMFC, Dharwad, dated 17.06.2023, which directed him to deposit Rs.5,00,000/- as security for the release of his tractor (registration No.KA.27/T-3132) seized in connection with Crime No.138/2023 registered for offences under Sections 279, 283, 338, 304(A) IPC. The petitioner sought revision under Section 397 r/w 401 Cr.P.C. to set aside the condition. The High Court, after hearing both sides, found the condition onerous and disproportionate, and set it aside, directing release of the vehicle on the petitioner executing a personal bond and furnishing a simple bond without sureties.
Headnote
A) Criminal Procedure - Interim Custody of Vehicle - Section 457 Cr.P.C. - Condition of Deposit - The trial court's order directing deposit of Rs.5,00,000/- for release of seized tractor was set aside as onerous and disproportionate - Held that the court should impose reasonable conditions and not demand heavy security which may defeat the purpose of interim custody (Paras 1-4).
Issue of Consideration
Whether the trial court was justified in imposing a condition of depositing Rs.5,00,000/- as security for release of the seized tractor pending investigation in a criminal case under Sections 279, 283, 338, 304(A) IPC.
Final Decision
The revision petition is allowed. The condition of depositing Rs.5,00,000/- imposed by the trial court is set aside. The trial court is directed to release the tractor bearing registration No.KA.27/T-3132 and trailer bearing registration No.KA-25/EA-006146/2014-15 to the petitioner on his executing a personal bond and furnishing a simple bond without sureties.
Law Points
- Interim custody of vehicle
- Section 457 Cr.P.C.
- condition of deposit
- proportionality
- release without onerous conditions
Case Details
2023 LawText (KAR) (07) 68
CRL.RP No. 100268 of 2023
Srinand A Pachhapure (for petitioner), Praveen Uppar (HCGP for respondent)
Sri. Mustafa s/o Maktumsab Rasoolanavar
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Nature of Litigation
Criminal revision petition challenging condition imposed by trial court for release of seized vehicle.
Remedy Sought
Petitioner sought setting aside of condition to deposit Rs.5,00,000/- for release of tractor.
Filing Reason
Petitioner felt aggrieved by trial court order dated 17.06.2023 imposing condition of deposit of Rs.5,00,000/- for interim custody of seized tractor.
Previous Decisions
Trial court passed order on 17.06.2023 in DRPS Crime No.138/2023 directing deposit of Rs.5,00,000/- as security for release of vehicle.
Issues
Whether the condition of depositing Rs.5,00,000/- for release of seized vehicle was justified.
Submissions/Arguments
Petitioner argued that the condition was onerous and disproportionate.
Respondent/State argued in support of the trial court's order.
Ratio Decidendi
The condition of depositing a large sum as security for release of a seized vehicle is onerous and disproportionate; the court should impose reasonable conditions to ensure the vehicle's production as and when required, without defeating the purpose of interim custody.
Judgment Excerpts
Revision petitioner/applicant-Sri. Mustafa s/o Maktumsab Rasoolanavar, feeling aggrieved by order passed by the trial Court on the file of IV Additional Senior Civil Judge and JMFC Court, Dharwad, dated 17.06.2023 ordering to deposit cash of Rs.5,00,000/- for release of interim custody of the tractor bearing registration No.KA.27/T-3132, preferred this revision petition.
Heard the argument of both sides.
Procedural History
The case was registered as Crime No.138/2023 at Dharwad Rural Police Station for offences under Sections 279, 283, 338, 304(A) IPC. The tractor was seized. The petitioner filed an application under Section 457 Cr.P.C. for interim custody. The trial court allowed the application but imposed a condition of depositing Rs.5,00,000/-. Aggrieved, the petitioner filed the present revision petition under Section 397 r/w 401 Cr.P.C. The High Court heard the matter and passed the order on 18.07.2023.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 397, 401, 457
- Indian Penal Code, 1860 (IPC): 279, 283, 338, 304(A)
