T V SHAMSUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be the owner of a Maruti 800 car, KL 06/C 5142. The police directed the petitioner to produce the said vehicle and accordingly the same was produced by the petitioner. It was seized from his possession under a mahazar. According to the petitioner, he is a bonafide purchaser of the vehicle from one Fr.Augustine Sebastian, the previous registered owner of the vehicle and the vehicle was transferred to the petitioner in accordance with law.

(2.) The police happened to seize the vehicle as they got information in the course of investigation of another crime from the accused in that crime that this vehicle is involved in some shady transactions. After the vehicle was seized and the same was examined, it was realised that though there is no tampering with the engine number of the vehicle, there is tampering of the chassis number of the vehicle. The original chassis number has been cut and another has been replaced in its place, it is now concluded by the Investigator. It was hence that the vehicle was seized. There is no specific allegation raised that the chassis of the vehicle is that of any other stolen vehicle. The report of the Scientific Assistant, Document, D.C.R.B, which has been placed before this Court for perusal, indicates that there is no tampering of the engine number. There is such tampering so far as the chassis number is concerned.

(3.) The learned counsel for the petitioner submits that the petitioner is a bonafide purchaser for consideration and is not even allegedly involved in any culpable activity. The counsel further relies on the fact that the prosecution does not so far has a specific allegation that the chassis, which is alleged to be tampered, is a stolen property in any other crime. Investigation is only in progress.