HAFOOZ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. This revision is directed against order of the lower appellate court passed in appeal under Section 454 Cr. P. C. setting aside the order of the Magistrate for release of an Ambassador Car in favour of the revisionist on furnishing a bond and sureties, and directing release of the same in favour of opposite party No. 2.

(2.) WHAT appears is that the said Ambassador Car was seized in connection with a case under Motor vehicle Act from opposite party No. 2. He appeared before the Magistrate confessed his guilt and was fined Rs. 100. 00 Thereafter both the parties claimed release in their favour. On 21. 2. 90 Magistrate found that the revisionist is registered owner and released the car in his favour on furnishing a bond and sureties. Against this opposite party No. 2. preferred appeal. Learned lower appellate court did not record categorical and clear finding that the opposite party No. 2 is the owner. Admission of opposite party No. 2 is that he could not get registration done in his favour. He, however, claimed the car on the basis of sale by Bhagwan Das. Said Bhagwan Das came in witness box and deposed about the same. On this material lower appellate court passed the impugned order.