NEERAJ KUMAR AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The revision has been filed by Neeraj Kumar Agarwal against the order dated 5-7-1991 passed by the Additional Sessions Judge, Aligarh in Criminal Revision No. 213 of 1991 by which he had set aside the order of the A.C.J.M. Hatras, Aligarh dated 9-5-91 directing release of tanker bearing registration No. UMA-9526 in favour of the applicant Neeraj Kumar Agarwal.

(2.) The respondent Prem Kumar alleges himself to be the registered owner of the said tanker and claims that the tanker was in his possession and, therefore, it should be released in his favour.

(3.) The controversy relating to the release of the said tanker arose thus. It is said that on 24-11-1991 the said tanker was seized by the police of Police Station, Hathras, district Aligarh with regard to the alleged contravention of Ss. 192, 194 and 196 of the Motor Vehicles Act. From a perusal of the police report, there appears to be no doubt that the said tanker was taken to the police station and remained there. Consequently one Gauri Shankar preferred an application before the magistrate concerned saying that the tanker be released in his favour. This application is dated 26-4-1991. On this application the magistrate had directed that the tanker be released in favour of the registered owner. This order was passed on 27-4-1991. At this stage Prem Kumar as well as the applicant Neeraj Kumar Agarwal appear to have presented themselves before the Magistrate with separate applications laying their respective claims over the said tanker. On 29-4-1991 the magistrate directed that if the real registered owner produced the documents etc. before the police it may deliver the tanker to the registered owner failing which it should report by 30-4-1991 to the magistrate upon which necessary orders would be passed by him. It appears that the police could not come to any definite conclusion whereupon Neeraj Kumar Agarwal as well as the opposite party Prem Kumar filed detailed affidavits and/ or copies of the documents as annexures to those affidavits. As stated above, the magistrate felt that the tanker should be released in favour of the applicant Neeraj Kumar Agarwal. Aggrieved, the opposite party Prem Kumar took a revision to the Sessions Judge which, as stated above, was allowed; hence forcing Neeraj Kumar Agarwal to come up to this court in revision against the order of the Sessions Judge concerned.