ZAFAR ALI ALIAS ACHCHAN Vs. TAUSIK HASAN

JUDGEMENT

(1.) ON a report from opposite party Tausik Hasan, a case was registered against the petitioner Under Section 406 of the Indian Penal Code in respect of a Truck No. UPH 7139. During investigation, the police seized the truck from the possession of the petitioner on 10-81970.

(2.) ON 128-1970, the petitioner applied to the Judicial Officer, Mohammadabad for the release of the truck during the pendency of the investigation on furnishing the required security. Opposite party Tausik Hasan also claimed the release of the truck in his favour The Munsif-Magistrate, Azamgarh passed an order dated 9-94970 releasing the truck in favour of the opposite party on his furnishing a personal bond of Rs. 20,000/- and two sureties of the like amount within a period of 15 days. Petitioner then came up in revision before the learned Sessions Judge but it was dismissed and the order of the Munsif-Magistrate was upheld.

(3.) THE learned Counsel for the petitioner has argued that as the truck had been seized from his possession, he was the person entitled to the possession thereof within the meaning of Section 523 of the Code of Criminal Procedure. On the other hand, it has been contended on behalf of the opposite party that as the registration of the truck stood in his favour, he was entitled to its possession and not the petitioner. A reliance was placed in this connection on a Division Bench decision of Patna High Court reported in 1964 (2) Cri. L. J. 492 (Pat) and also on the single Judge decision of Gujarat High Court reported in The aforesaid cases no doubt support the contention of the learned Counsel for the opposite party that where the question of proper custody of a motor vehicle is involved, the person in whose name the vehicle stands with registering authority is entitled to custody of it unless any other person establishes his superior title.