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Vidya Sagar Rastogi Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Misc. Petition No. 59 of 1985
Judge
Reported in1985WLN(UC)331
AppellantVidya Sagar Rastogi
RespondentState of Rajasthan
DispositionApplication allowed
Excerpt:
.....code section 451--vehicle not to be confiscated--identification of bus can be better served by colour photographs and registration and chasis number;there is no question of confiscation of the vehicle in a case where there is an offence under section 304a ipc. the purpose of the identification can be better served in case the colour photographs in cabinate size of the vehicle from different angles is kept on record particularly showing its registration number, as the rest of the details about the chasis and engine numbers are already recorded in the seizure memo.;application allowed. - - the purpose of the identification can be better served in case the colour photographs in cabinate size of the vehicle from different angles is kept on record particularly showing its registration..........offence under section 304a ipc. the purpose of the identification can be better served in case the colour photographs in cabinate size of the vehicle from different angles is kept on record particularly showing its registration number, as the rest of the details about the chasis and engine numbers are already recorded in the seizure memo. the vehicle bus no. rnt 162 was seized as early as on 19-10-1984. it had already been given on supurdginama on 22-10-1984 and till date even the trial has not commenced. there is no restriction on plying of the vehicle either and as such it would hardly remain in the same condition as it exists on the day of accident. as mentioned above colour photograps would be a better substitute. in the facts and circumstances of the case, i hereby accept this.....
Judgment:

Vinod Shanker Dave, J.

1. I have perused the order of court below. The only purpose for which the vehicle is required, is identification by the witnesses in court that it was the particular vehicle by which the accident was caused. There is no question of confiscation of the vehicle in a case where there is an offence under Section 304A IPC. The purpose of the identification can be better served in case the colour photographs in cabinate size of the vehicle from different angles is kept on record particularly showing its registration number, as the rest of the details about the chasis and engine numbers are already recorded in the seizure memo. The vehicle Bus No. RNT 162 was seized as early as on 19-10-1984. It had already been given on supurdginama on 22-10-1984 and till date even the trial has not commenced. There is no restriction on plying of the vehicle either and as such it would hardly remain in the same condition as it exists on the day of accident. As mentioned above colour photograps would be a better substitute. In the facts and circumstances of the case, I hereby accept this application of the petitioner and permit him to dispose off the vehicle on his placing on record the colour photographs in triplicate of Bus No. RNT 162 showing its registration number. Photographs will be taken in the presence of Investigating Officer.

2. Application is allowed as indicated above.


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