Case Note & Summary
The petitioner, Vithoba S/o Shantappa Prachandi, is the owner of a tractor bearing registration No.KA-28-NT-019388/2016-17, which was seized by the Indi Police in connection with Crime No.9/2017 on 14.01.2017 based on credible information. The petitioner filed an application under Section 457 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the learned JMFC, Indi, seeking interim custody of the tractor. The JMFC rejected the application on 16.2.2017. The petitioner then filed a criminal revision petition before the Principal Sessions Judge, Vijayapura, which was also dismissed on 7.3.2017. Aggrieved, the petitioner approached the High Court of Karnataka under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C., praying for a writ of certiorari to set aside both orders and for release of the tractor. The High Court, after hearing the parties, observed that the vehicle was not required for further investigation and that keeping it in police custody would lead to deterioration. The court held that the owner is entitled to interim custody subject to conditions. Accordingly, the petition was allowed, the impugned orders were set aside, and the JMFC was directed to release the tractor to the petitioner on his furnishing a personal bond of Rs.5,00,000/- with two sureties, an undertaking not to alienate or alter the vehicle, and to produce it as and when required.
Headnote
A) Criminal Procedure - Interim Custody of Seized Property - Section 457 Cr.P.C. - Release of Vehicle to Owner - The petitioner, owner of a tractor seized in Crime No.9/2017, filed an application under Section 457 Cr.P.C. for interim custody, which was rejected by the JMFC and confirmed by the Sessions Judge. The High Court held that the owner is entitled to custody of the vehicle subject to conditions, as the vehicle is not required for further investigation and is likely to deteriorate if kept in police custody. The court allowed the petition and directed release of the tractor on furnishing a bond and undertaking. (Paras 1-5)
Issue of Consideration
Whether the petitioner-owner of a seized tractor is entitled to interim custody of the vehicle under Section 457 of the Code of Criminal Procedure, 1973, pending investigation.
Final Decision
The High Court allowed the writ petition, set aside the orders dated 16.2.2017 and 7.3.2017, and directed the JMFC, Indi to release the tractor to the petitioner on his furnishing a personal bond of Rs.5,00,000/- with two sureties, an undertaking not to alienate or alter the vehicle, and to produce it as and when required.
Law Points
- Interim custody of vehicle
- Section 457 Cr.P.C.
- Release of seized property
- Owner's entitlement
- Conditions for release
