Release Of Seized Vehicle U/S 451 CrPC Cannot Be Refused Citing Identification Issues, Police May Photograph The Vehicle: Karnataka HC

A single judge bench of Justice K.Natarajan allowed the petition filed by Javvaji Dhana Theja and others and set aside the order dated 05.04.2022, by which their application for release of seized vehicles were rejected.

The bench in allowing the petition placed reliance on the Supreme Court judgment in the case of Sunderbhai Ambalal Desai vs State Of Gujarat reported in (2002) 10 SCC 382, wherein the court has said that vehicles shall not be allowed to lie idle in front of the police station. The Magistrate or the Court shall dispose of the application for releasing the vehicles to the RC owners, by imposing certain conditions. Further it has laid down guidelines for taking of the photographs of the vehicle with the panchnama by the Investigation Officer while releasing the vehicle.

Following the same the bench said,

"Such being the case, the trial court rejecting the application for releasing the vehicle is not correct and if the vehicles are allowed to lie in front of the police station, there may be wear and tear and it cannot be possible for the police to bring the vehicles to the court for the purpose of identification."

It added, "Therefore, the impugned order passed by the trial court is liable to be set aside."

Accordingly it directed the trial court to release the vehicle to the petitioners by taking out indemnity bonds with surety for the likesum to the satisfaction of the trial court.

Further, the investigation officer was directed to release the vehicle by taking out the photographs of the vehicles in different angles along with the panchnama and produce the same before the trial court for the purpose of identification.

Case Title: JAVVAJI DHANA THEJA & others v. STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO.9257 OF 2022

Citation: 2022 LiveLaw (Kar) 453

Date of Order: 27^TH DAY OF OCTOBER, 2022

Appearance: SUNIL KUMAR S., ADVOCATE for petitioners; B.J. ROHITH, HCGP FOR R1.