DEV KUMAR RUSIYA Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner under section 432 of the Code of Criminal Procedure against the impugned order dated 28-9-2004 passed by the learned Additional Session Judge Sakti in Criminal Revision No. 276/2004 by which the criminal revision preferred by him against the order dated 3-6-2004 passed by the Additional Chief Judicial Magistrate Sakti has been rejected.

(2.) THE instant petition has been filed for interim custody of the Marshal Jeep bearing registration No. CG-11-6458 which was seized in connection with Crime No. 96/2004 registered at Police out post Hasoud Police Station Jaijaipur District Janjgir Champa.

(3.) LEARNED counsel for the petitioner submits that the orders passed by both the Courts below are based on erroneous appreciation of the law and the same are against the established law for granting interim custody of the vehicle. He further submits that the petitioner is the registered owner of the jeep in question and it was seized from the custody of one Krishna Shinde who was playing the said jeep as per the authorization letter given to him by the petitioner. It is also not disputed that the jeep in question was sold by its registered owner (respondent No.2) to the petitioner and after execution of the sale letter and after obtaining the No Objection Certificate from respondent No.2 as also from the financer the jeep in question was registered in the name of the petitioner. However, according to the learned counsel for the petitioner, both the Courts below have allowed the application filed by respondent No. 1 for interim custody of the said jeep recording a finding that respondent No.2 sold the said jeep to respondent No.1 on 23-10-2002 and therefore petitioner Dev Kumar can not be prima facie held to be the owner of the said jeep.