Case Note & Summary
The petitioner, Bivesh Kumar Singh, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India seeking release of muddamal Light Diesel Oil seized in connection with FIR No. 11199061250374 of 2025 registered at Ankleshwar City B Division Police Station, Bharuch. The petitioner claimed ownership of the oil and stated that his applications for release before the Magistrate and Sessions Court were rejected. The petitioner argued that the oil is perishable and would deteriorate if not released, and that no other claimant had come forward. The State opposed the release, contending that the oil was used illegally. The court, considering the perishable nature of the goods and following coordinate bench precedents, allowed the petition. It quashed the impugned orders and directed release of the oil subject to conditions: the petitioner must furnish a bank guarantee of Rs. 1,00,000, execute an undertaking to produce the oil if required, provide details of the party receiving the oil (who must hold a valid license), and not transfer ownership without court permission. The court also directed the trial court to expedite the trial.
Headnote
A) Criminal Procedure - Release of Muddamal - Perishable Goods - Articles 226 and 227 of the Constitution of India - The petitioner sought release of seized Light Diesel Oil, which is perishable and likely to deteriorate if kept in custody. The court held that continuing seizure of perishable goods does not further the cause of justice and ordered release on conditions including furnishing of bank guarantee and undertaking. (Paras 6-9)
Issue of Consideration
Whether the seized Light Diesel Oil, being perishable in nature, should be released to the petitioner pending trial.
Final Decision
The petition is allowed. The impugned orders are quashed and set aside. The authority is directed to release the muddamal Light Diesel Oil to the petitioner on conditions: (i) petitioner to furnish bank guarantee of Rs. 1,00,000; (ii) execute an undertaking to produce the oil as and when required; (iii) provide details of the party to whom oil is handed over, who must hold a valid license; (iv) not to transfer ownership or create third-party rights without court permission; (v) trial court to expedite trial.
Law Points
- Release of muddamal
- perishable goods
- interim custody
- Article 226
- Article 227
- Code of Criminal Procedure
- 1973
