DURGA BUS SERVICE Vs. STATE OF M P

JUDGEMENT

(1.) HEARD.

(2.) THIS application under Section 482 of the Code of Criminal Procedure is directed against the order dated 27-4-2000 passed by the Second Additional Sessions Judge, Betul in Criminal Revision No. 39/2000 arising out of order dated 18-4-2000 passed by the Chief Judicial Magistrate, Betul in Criminal Case No. 360/2000.

(3.) THE petitioner claimed to be the owner of the bus No. MP-04/h/8517. The vehicle was seized by the police for violation of Section 66/192-A of the Motor Vehicles Act. On 10-4-2000 at about 7. 30 A. M. the bus was plying between Betul-Itarsi Route. The case of the prosecution is that the bus which was plying with the passengers had a board 'indore Pandurna' which shows that bus was being run between Indore Pandurna route, of which the driver had no valid permit. Thus bus was seized for violation of Section 66 of the Motor Vehicles Act which is punishable under Section 192-A of the Motor Vehicles Act. Thereupon an application was made to the Chief Judicial Magistrate, Betul who, by order dated 18-4-2000, rejected the application under Section 457 of the Code of Criminal Procedure and held that the offence related to violation of the provisions of the Motor Vehicles Act. Consequently, the police was authorised, in exercise under Section 207 (1) of the Motor Vehicles Act to seize the bus. The remedy of the applicant was to take an action as provided under Section 207 (2) of the Motor Vehicles Act and accordingly the Court declined to grant custody of the aforesaid vehicle to the petitioner. The revision filed against the order passed by the Chief Judicial Magistrate was dismissed by the impugned order.