LAWS(MAD)-2009-8-648

S L FINANCE REP BY ITS POWER OF ATTORNEY X JOSEPH, RAMYA AUTO CONSULTANT, FINANCE AGENT Vs. STATE REP BY INSPECTOR OF POLICE

Decided On August 12, 2009
S L Finance Rep By Its Power Of Attorney X Joseph, Ramya Auto Consultant, Finance Agent Appellant
V/S
STATE REP BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The petition filed to set aside the order dated 20.03.2007 passed in Crl.R.C. No. 17 of 2006 on the file of the learned Principal Sessions Judge, Thoothukudi and return Maruti Van bearing Registration No. TN-02/F-8569 to the petitioner.

(2.) The petitioner is the third party to the proceedings in S.T.C. No. 1940 of 2004 on the file of the learned Judicial Magistrate, Srivaikundam. A case in Crime No. 296 of 2004 has been registered by the respondent police for alleged offence under Sections 4(2), 8(b) 1 of I.T.P. Act and also the said vehicle was seized and it was confiscated to the Government. The petitioner is a financier who had financed the vehicle and the vehicle is hypothecated to the petitioner's company. Therefore, he filed a revision petition in Crl.R.C. No. 17 of 2006 before the learned Principal Sessions Judge, Thoothukudi for the return of the vehicle and the same was dismissed. Aggrieved by the said order, the petitioner has preferred the present petition under Section 482 of Cr.P.C. to set aside the order.

(3.) The case of the petitioner in Crl.R.C. No. 17 of 2006 is that the petitioner is the power of attorney agent of S.L. Finance, Chennai, who had financed for the purchase of the said vehicle and therefore, they claimed right and title for the said vehicle. The learned Judicial Magistrate disallowed the claim of the petitioner in Crl.M.P. No. 6885 of 2004. The learned Judicial Magistrate found that the vehicle was only hypothecated to the financier therefore, it would not amount to a right over the property.