ABDUL GANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CRIMINAL M. P. No. 583/07, Criminal M. P. No. 584/07 and criminal M. P. No. 585/07 preferred by the petitioner under Section 482 of the Code of criminal Procedure are being disposed of by this common order as by these petitions the petitioner has questioned the legality, validity and correctness of the orders passed by learned Sessions Judge, Korba in criminal revision Nos. 53/07, 55/07 and 54/07 respectively whereby the revision petitions have been dismissed and orders of the Chief judicial Magistrate, Korba rejecting his applications under Section 457 of the Cr. P. C. for interim custody of the vehicles seized under Section 207 of the Motor Vehicle Act, have been upheld.

(2.) THE facts necessary for deciding the above petitions are that vehicles No. C. G. 07-Z. B. /1641, C. G. 10-Z. B. /1067 and C. G. 04-Z. B. /1440 were seized by the Road transport Officer, Korba for the offence under section 207 of the Motor Vehicle Act (for brevity 'the Act') on the ground that the" same were being plied in violation of the permit conditions with wrong registration number and wrong chassis number. After seizure, the above vehicles were given in the custody of the Police Station Pali and investigation is going on.

(3.) THE petitioner claiming himself to be the registered owner of the above vehicles applied for interim custody by filing separate applications under Section 457 of the cr. P. C. before the Chief Judicial Magistrate, korba. Learned C. J. M. rejected his applications observing that from perusal of the report of R. T. O. it appears that the vehicles were being plied in violation of the permit conditions, permanent permit granted to the petitioner has already been cancelled on 1st october '2007, the petitioner has been directed to return the original permit and has been further directed to stop plying the above vehicles and that the dealer of the vehicles Tata Motor Pvt. Ltd. after enquiry has reported that the chassis number of the vehicles is without original punch and regarding engine number it has been shown that it has either been removed or lost.