Final Order 1

Order Details: COPY OF ORDER
Pdf Text: E-FIR no. : 030759/2025
U/s : 305(b) BNS
PS : Bhajanpura
06.04.2026
This is an application for releasing vehicle No. DL5SBH8178 (TVS
passion pro) on superdari.
Present: Ld. Addl. PP for the State.
Applicant in person.
Reply filed on behalf of IO. Same is taken on record.
Instead of releasing the vehicle on superdari, I am of the considered
view that the vehicle has to be released as per directions of Hon'ble Supreme Court in
case titled as Sunder Bhai Ambalal Desai Vs. State of Gujrat, AIR 2003 SC 638
wherein it has been held that,
“68. Vehicles involved in an offence may be released to the rightful
owner after preparing detailed panchnama; taking photographs of the vehicle,
valuation report, and a security bond.
69. The photographs of the vehicle should be attested countersigned by
the complainant, accused as well as by the person to whom the custody is handed
over.
70. The production of the vehicle should not be insisted upon during the
trial. The panchnama and photographs along with the valuation report should suffice
for the purposes of evidence.
71. Return of vehicles and permission for sale thereof should be the
general norm rather than the exception.
72. If the vehicle is insured, the court shall issue notice to the owner and the
insurance company for disposal of the vehicle. If there is no response or the owner
declines to take the vehicle or informs that it has claimed insurance/released its right
in the vehicle to the insurance company and the insurance company fails to take
possession of the vehicle, the vehicle may be ordered to be sold in auction.
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73. If a vehicle is not claimed by the accused, owner, or the insurance
company or by a third person, it may be ordered to be sold by auction.”
The view of the Hon'ble Supreme Court has been reiterated by Hon'ble
Delhi High Court in case titled as Manjit Singh Vs. State in Crl. M.C. No. 4485/2013
dated 10.09.2014.
Considering the facts and circumstances and law laid down by higher
courts, vehicle in question bearing registration number DL5SBH8178 (TVS passion
pro) be released to the registered owner/rightful claimant on furnishing security
bond/indemnity bond as per valuation report of the vehicle. IO is directed to get the
valuation done of the vehicle prior to releasing the same to the applicant as per
directions of Hon'ble Supreme Court. Coloured photographs and panchnama of
vehicle in question be conducted as per above-mentioned judgments.
Copy of this order be given dasti to applicant.
Panchnama shall be filed in the court along with charge sheet.
(Pankaj Rai)
JMFC-01/NE/KKD/06.04.2026
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