SURESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under S.482 of the Cr.P.C. to set aside the order of the Judicial First Class Magistrate, Peerumedu in Crl. M. P. No. 3064/2001 dated 14.6.2001. The petitioner herein moved an application before the Magistrate to issue a search warrant under S.94 of the Cr.P.C. to search the residential premises of one Mr. Thomas, Ottakkandathil House alleging that he is in illegal possession of the vehicle bearing No. KL - 6-9759. The lower court dismissed the petition on the assumption that the vehicle is still in possession of the hirer. According to the learned counsel for the petitioner, the court below went wrong in finding that the vehicle involved in the case is in the possession of the hirer. Admittedly, the vehicle is covered by a hire purchase agreement. As per the agreement, the hirer is not competent to alienate or part with the possession of the vehicle without the consent of the petitioner. In this case, the specific allegation is that without the knowledge or consent of the petitioner, the hirer has transferred the vehicle to the said Thomas. If that be so, I see no illegality in issuing a search warrant under S.94 of the Cr.P.C.