Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 7117 of 2017 Petitioner :- Sarnam Singh Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
The petitioner by means of this petition under Article 227 of the Constitution of India has prayed to quash the order dated 10.10.2017 passed by the learned Sessions Judge, Banda, whereby the learned Sessions Judge has confirmed the order dated 12.9.2017 passed by the A.C.J.M. II, Banda, rejecting the application of the petitioner for release of Truck No. UP 51T 3600.
Heard learned counsel for the petitioner and learned AGA. Perused the record.
Learned counsel for the petitioner has submitted that the petitioner is the registered owner of Truck No. UP 51T 3600. Three trucks alleged to be loaded with illegal sand were seized and attached by the police under sections 379, 412 I.P.C. and Section 4/21 of the Mines and Minerals (Development and Regulation) Act, P.S. Kotwali Nagar, District Banda, and a criminal case at Crime No. 392 of 2017 was registered against the owners/ drivers of the Trucks. The petitioner moved a release application in respect of his Truck along with Registration Certificate, Insurance Policy, Driving License and the documents relating to Royalty Permit MM-11, however, his release application was rejected by the learned Magistrate only on the ground of discrepancy in the name of the driver of the Truck. Learned counsel has submitted that the court below released the other Truck No. UP 32 DN 4207 by the order dated 19.8.2017, copy whereof has been attached as Annexure no. 11, but denied to release the truck of the petitioner. Reliance has been placed on the law laid down by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat, (2002) 10 SCC 283. Learned counsel has submitted that despite the fact that the petitioner is valid owner of the truck and he has all the valid documents in relation thereof, his application for release of truck was rejected. It is further submitted that the Truck in question is standing in open yard of the police station since 3.7.2017, there are chances that all its valuable parts may be removed. Moreso, due to weight of sand, the tyres of the truck are likely to be destroyed. Learned counsel for the applicant has further submitted that the applicant is ready to furnish adequate security and to fulfill all the conditions imposed by learned court below.
Learned AGA has opposed the application.
In view of the facts and circumstances of the case, no useful purpose would be served in keeping the matter pending by inviting counter and rejoinder affidavits and the present writ petition is disposed of finally at the admission stage itself. Accordingly, the impugned order dated 10.10.2017 is set aside and the case is remanded to the revisional court below to pass fresh order keeping in view the law laid down by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat, (2002) 10 SCC 283.
Order Date :- 7.11.2017 Pcl