Order 14

Order Details: COPY OF ORDER
Pdf Text: Misc SC – 107/2023
FIR No. 713/2022
PS Begum Pur
State Vs Sanjeet @ Kali –
Sanjeet Kumar
30.07.2024
Present: Sh. Sanjay Jindal, Ld. Addl. PP for the State.
Sh. Murari Kumar Mishra, Ld. Counsel for
applicant.
File taken up today on an application moved on
behalf of applicant Sanjeet Kumar for the release of vehicle
bearing registration No. DL-8SBD-8979.
Reply to the application filed by the IO.
As per the reply of the IO, he has objection to the
release of the vehicle as same was used in commission of the
crime.
In view of the directions given by the Hon’ble
Supreme Court in case titled as Sunder Bhai Ambalal Desai Vs.
State of Gujarat, AIR 2003 SC 638 and Hon’ble High Court in
case titled as Manjit Singh Vs. State in Crl. M.C. No. 4485/2013
dated 10.09.2014, a vehicle or any other property cannot be kept
confiscated merely because same was used in commission of the
crime because as per the mandate of aforesaid judgments,
identity of vehicle or any other property can be proved through
photographs. Accordingly, the vehicle in question bearing
registration No. DL-8SBD-8979 be released to the applicant
without superdari after due verification of ownership.
IO is directed to prepare a detailed panchnama and
shall also take photographs of the vehicle from all the angles
which shall be countersigned by the complainant as well as by
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Misc SC – 107/2023
State Vs Sanjeet @ Kali –
Sanjeet Kumar
the accused and the person to whom the vehicle is released. The
said panchnama be filed in the court. The photographs and
panchnama shall be used as evidence to prove the identity of the
vehicle and the accused shall not raise any objection for the
same.
Copy of this order be provided to the counsel.
Copy of this order be sent to the SHO concerned for
compliance.
( BABRU BHAN)
ASJ-03, N/W, ROHINI COURTS
DELHI/30.07.2024
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