Anand Pathak, J
1. Present petition under Section 482 of Cr.P.C. has been preferred against the order dated 04.11.2023 passed in Criminal Revision No.34/2023,
whereby the learned Additional Sessions Judge, Lahar, Distt. Bhind, has dismissed the revision holding it to be not maintainable as the order assailed
therein was an interlocutory order. Further challenge is to the order dated 25.10.2023 passed by the JMFC, Lahar, wherein an application under
Section 451 of Cr.P.C. for interim custody of Dumper No.RJ11GB9780 confiscated for alleged transportation of minor minerals under Sections as
mentioned below, during the pendency of the trial, was rejected.
2. Learned counsel for the petitioner at the outset submits that he is not pressing the order dated 04.11.2023 passed in Criminal Revision No.34/2023
and is confining his arguments to the order dated 25.10.2023 passed by JMFC, Lahar, whereby his application for interim custody of dumber was
rejected and has submitted that the main ground of rejection of the application by learned trial Court is that the dumper was found involved in alleged
transportation of minor minerals and was booked vide crime No.239/2023 under Sections 379, 414 of IPC, Sections 52/192, 116/194(1), 122/177 of the
Motor Vehicles Act and Sections 50(k)/177, 51/177, 77/177 of the Central Motor Vehicles Rules. It was further contended that so far as the offence
in relation to illegal transportation of minor minerals is concerned, the Collector has imposed a penalty of Rs.4,40,870/- which has been deposited by
the petitioner on 17.10.2023 and receipt thereof has been appended along with the petition as Annexure P/4. It was further contended that so far as
Sections under the Motor Vehicles Act are concerned, the fine imposed had also been deposited. Even the Collector has directed release of the
vehicle and so far as involvement of the said vehicle under Section 379 of IPC is concerned, the said offence is not made out, but even then since it
has been registered, final adjudication will be done in the trial and till then as the penalty which has been imposed has already been deposited, the
vehicle may be released in interim custody. On the strength of above arguments, it is submitted that present petition be allowed and the Dumper
No.RJ 11 GB 9780 be released in interim custody to the petitioner which is the sole means of bread earning of the petitioner.
3.Per contra, Shri Upadhyay appearing on behalf of the respondent/State o n advance copy submitted that no illegality has been committed by the trial
Court in rejecting the application as at the time of hearing of the matter, there was nothing on record to show that penalty imposed for illegal
transportation of minor minerals has been deposited and also since the said illegal transportation had caused loss to the environment, therefore, it was
found incumbent not to release the said vehicle in interim custody. It was further submitted that though the petitioner after passing of the order by the
trial Court on 17.10.2023 has deposited the penalty with regard to illegal transportation of minor minerals and other penalty imposed under the Motor
Vehicle Act, but still case under Section 379 of IPC is to be tried and in that regard at present it would not be expedient to release the vehicle on
interim custody.
4.After hearing the rival contentions of the parties and after going through the record appended to the present petition, this Court finds that only reason
for the trial Court to reject the application for releasing the vehicle in interim custody was that till date the vehicle of the petitioner which was found
transporting illegal minor minerals was not penalized and there was every chance of environmental hazard being caused by the petitioner, and there is
every possibility of repetition of the offence, therefore, in the light of the judgment of the Apex Court in the matter of Sunderbhai Ambalal Desai vs.
State of Gujarat reported in (2002) 10 SCC 283, the application for interim custody was rejected.
5.This Court finds that after passing of the said order, the Collector has imposed a penalty of Rs.4,40,870/- against the petitioner for illegal
transportation of minor minerals which includes the penalty towards the loss to the environment, therefore, this Court deems it expedient to allow the
said application, and accordingly, the application is allowed and it is directed that if the petitioner furnishes a bond in the sum of Rs.1,00,000/- (Rupees
one lac only) to the satisfaction of trial Court/ Magistrate concerned, then the possession of vehicle in question be given to the petitioner on interim
custody during pendency of the trial after verification of the requisite documents pertaining to the ownership of the vehicle in question, subject to the
following conditions:-
(i) Petitioner will not make any change in the appearance of vehicle in question;
(ii) He shall not create any third party rights over the vehicle in question;
(iii) He shall produce the vehicle before the trial Court/ Magistrate, as and when demanded, on his own cost;
(iv) It is made clear that after release of vehicle the petitioner shall not commit same nature of offence by using the said vehicle.
(v) This order shall remain in force till final disposal of the case pending before trial Court/ Magistrate and at the time of final disposal of the case, the
trial Court/Magistrate will be at liberty to pass appropriate order with regard to vehicle in question in accordance with law without getting influenced
by this order.
With the aforesaid, this petition is disposed of.
