Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: E-FIR no. : 017458/2025
U/s : 305(b) BNS
PS : Bhajanpura
17.07.2025
This is an application for releasing vehicle No. DL5SAY6488 on
superdari.
Present: Ld. APP for the State.
Applicant/ registered owner of the vehicle.
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.
-- 1 of 2 --
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 DL5SAY6488 be released to the
applicant 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)
JMFC01/ NE/KKD/17.07.2025
-- 2 of 2 --