1 2025:CGHC:2238 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 477 of 2023 Mahadev Dewangan S/o Shri Jagesingh Dewangan, Aged About 46 Years R/o. M.I.G. C-23/42, Housing Board Colony, Bhilai, Tehsil And District - Durg Chhattisgarh, Through Special Power Of Attorney Holder Namely Gyanendra Kumar Prajapati, S/o. Late Shri Ram Badan Prajapati, Aged About - 43 Years, R/o. Qtr. No. 6 C, Road No. 9, Sector - 6, Bhilai, Tehsil And District - Durg Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through District Magistrate / Collector Raipur, District - Raipur Chhattisgarh. 2. Station House Officer, Police Station - Mana Camp, Raipur, District - Raipur Chhattisgarh. ---- Respondent s For Petitioner Mr. Rishi Sahu, Advocate. For State Mr. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/01/2025 1. This petition is filed by the petitioner under Section 482 of the Cr.P.C. challenging the order dated 27.05.2022 passed by the learned 12th Additional Session Judge, Raipur, C.G. in Criminal Revision No.20/2021, affirming the order dated 06.02.2021 passed by the Chief Judicial Magistrate, Raipur, C.G. in MJC No.34/2021 2 rejecting the application of the petitioner filed under Section 457 of Cr.P.C seeking the vehicle Toyota Innova, bearing registration No.CG04-HA-4919 on supurdnama/interim custody, which was seized by the police of police station : Mana Camp, Raipur, in connection with Crime No.192/2020 for the commission of the offence punishable under Sections 34(2) of the CG Excise Act. 2. Learned counsel for the petitioner submits that the Courts below have committed an illegality by rejecting the application of the petitioner for supurdnama of the vehicle in question i.e. Toyota Innova, bearing registration No.CG04-HA-4919 as with the passage of time the condition of the vehicle would deteriorate, no useful purpose would be served by keeping the vehicle in police custody and, therefore, the said vehicle be handed over to the petitioner on Supurdnama on the terms and conditions as may be deemed fit by this Court. 3. On the other hand, learned counsel for the State opposes the contention made by the petitioner. 4. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, no useful purpose would be served by keeping the vehicle in police custody, this Court is of the opinion that present is a fit case for releasing the seized vehicle i.e. Toyota Innova, bearing registration No.CG04-HA-4919 on Supurdnama in favour of the petitioner. 5. Accordingly, the petition is allowed and the order passed by the Court below is set aside. The vehicle is directed to be released on 3 Supurdnama in favour of the petitioner on the following conditions:- (i) Before release of the vehicle, the documents pertaining to ownership of the said vehicle be verified and proper Panchnama of the vehicle be made. (ii) Photographs of the vehicle should be taken and bond should also be produced that the vehicle would be produced as and when required. (iii) Proper security i.e. personal bond of Rs.2,00,000/- and equivalent surety be obtained before release of vehicle. Sd/- (Arvind Kumar Verma) Judge J.