RAM BHAROSE SAHARIYA Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of the parties, heard finally.

(2.) This petition filed under Article 227 of the Constitution of India is directed against the order dated 10.1.2020 (Annexure P/1), whereby, learned Additional Collector, Raisen has declined to hand over the interim custody of Scorpio MP-05 T 1593 to the petitioner.

(3.) By criticizing the aforesaid order, Shri Panjwani, learned counsel for the petitioner submits that the petitioner has produced the registration certificate of the said vehicle. If the Additional Collector was not satisfied with the said document he could have asked for production of more relevant document and proof of ownership etc. Without considering this aspects, his application should not have been dismissed, moreso when the petitioner has already been acquitted by the Judicial Magistrate First Class, Raisen on 20.01.2019. He has placed reliance on the judgments of the apex Court in the case of General Insurance Council and others Vs. State of Andhra Pradesh & others, 2010 3 SCC(Cri) 226 and in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, 2003 AIR(SC) 638. Lastly, it is submitted that the petitioner is ready and willing to produce the documents relating to ownership of the vehicle and relevant security on which the vehicle may be given on "Supurdgi".