DEBU KUMAR DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In connection with G.R. Case No. 132 of 2013 and G.R. Case No. 129 of 2013, two vehicles (trucks) bearing registration Nos. WB- 15-A-9188 and WB-15-B-4935 were seized and then released in favour of petitioner company being the financer, with certain conditions which include a condition "not to sell or to transfer the vehicle". Subsequently, petitioner company seem to have filed an application for modification of the said condition, unsuccessfully, as the application has been rejected by the learned Deputy Commissioner (J), East Jaintia Hills District, Khliehriat (trial court) in the year 2018. Aggrieved whereof, petitioner company has proposed to file a revision petition after a delay of 221 days. That being so, an application seeking condonation of delay bas been filed, objections by the respondents have been filed.

(2.) While considering the application seeking condonation of delay with the assistance of the learned counsel for the parties merit of the case was considered so as to ascertain as to whether by condoning the delay revision can be maintained.

(3.) On thoughtful consideration of the material as well as the orders passed, it has surfaced that basically the vehicles were allegedly carrying narcotics. The question is as to whether prayer for relaxing the condition aforesaid is tenable or not but before addressing that point another question is as to whether revision petition can be maintained because order declining modification in essence, is an interlocutory order. Such an order is open to be modified by the learned trial court subject to its satisfaction. True it is that the vehicles have remained parked right from the date of occurrence i.e., from the year 2013 even after release in favour of the petitioner company are not being plied, as such are still parked. It is in the same background the petitioner company had projected before the learned trial court that the vehicles will get deteriorated as by keeping the vehicles parked will get rusted, that will not be in the interest of any party.