MADAN LAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) In this petition under section 482 Code of Criminal Procedure it is alleged that Tempo bearing registration No.DL-1LC-8270 was purchased by the petitioner on hire purchase basis from Tata Finance Ltd for a sum of Rs.1,90,000.00. Now 4 instalments of Rs.46,000.00 only remain to be paid to the said company. Dev Narain was employed as driver to ply the tempo. It is stated that on 20th April 2001 said tempo while going towards Azadpur Mandi was intercepted by the police and one polythene bag containing 400 grams of smack was recovered from inside the cabin of the seat of driver. Chargesheet based on said recovery has been filed against said Dev Narain. It is further alleged that after filing of chargesheet, tempo has been seized by the investigating officer and it is now lying at the police station.

(2.) Application filed for release of tempo on superdari by the petitioner has been declined by the trial court by the order dated 31/07/2001. In case the tempo is not released in favour of petitioner it would further get damaged. It is prayed that said order dated 31/07/2001 be set aside and tempo may be ordered to be given on superdari to the petitioner.

(3.) I have heard Sh.Jitender Sethi for petitioner and Sh.M.N.Dudeja for State.