LAWS(GJH)-2007-11-45

AGRAWAL ENTERPRISE Vs. STATE OF GUJARAT

Decided On November 01, 2007
AGRAWAL ENTERPRISE Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner is a Finance Company which has challenged an order dated 6.12.2005 passed by Judicial Magistrate First Class, Balasinore, as upheld by an order dated 8.2.2006 passed by the learned Additional Sessions Judge, Nadiad in Criminal Revision Application filed by the petitioner.

(2.) The petitioner had entered into lease finance agreement with respondent no.2 by virtue of which the petitioner financed a motor vehicle namely truck(tanker) bearing registration no. GJ-6-U-7681. It appears that the police authorities inspected the truck and it was found that the same was being used for the purpose of carrying liquor contrary to the provisions contained in Bombay Prohibition Act. The complaint and charge-sheet was filed before the concerned Court. During the pendency of the criminal case, the petitioner preferred an application before the learned Magistrate seeking interim custody of the truck in question. Same was granted by an order dated 7.9.2005. This release of the truck was subject to several conditions being fulfilled by the petitioner. One condition was that the petitioner shall given bond of Rs. 12 lakhs before the Court. Another important condition was that the petitioner shall not make any changes with respect to the vehicle in question and that the petitioner should not sell, gift or in any manner alienate the ownership of the truck or transfer the same in favour of any other person. Subsequently, the petitioner filed a fresh application before the concerned Court praying for modification of the conditions noted above and to permit the petitioner to sale the truck. In the application, it was stated that the accused i.e. respondent no.2 herein had not paid any installment after obtaining loan of Rs. 3,79,000/- from the petitioner on 22.8.2006. It was stated that till day he is not arrested nor appeared before the Court. Under the circumstances, it will take a long time before the trial is conducted. It was therefore, prayed that the petitioner be permitted to dispose of the truck, failing which, the condition of truck will deteriorate and the petitioner shall sustain serious damage. This application came to be dismissed by the learned Magistrate by impugned order dated 6.12.2005. In doing so, the Magistrate observed that if ultimately the ownership of the truck is claimed by the accused, it would not be possible to bring back the truck, if the petitioner is allowed to sale the same. It was also observed that if at any stage of the trial, it is necessary to produce the truck, such production would not be possible. On this ground, the application of the petitioner came to be rejected. On similar ground, Revision Application of the petitioner also came to be turned down.

(3.) Having heard learned advocate Shri Parthiv Shah for the petitioner and learned APP Shri Dipen Desai for the State, I find that the petition is required to be allowed.