MOHD. NIZAMUDDIN Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this petition preferred under Sec. 482, Cr.P.C. the petitioner by invoking powers of this Court under section 482 of the Code seeks the custody of passenger bus CPL 9003 in his possession which was seized by the police Ambikapur. When the petitioner applied for its custody, the learned Magistrate ordered that since the driver of the bus has not been produced by the bus owner return of the bus on supartnama was not possible. On a revision preferred by the petitioner, the learned Sessions Judge found that the ground for refusal as given in the order was not sustainable as no condition by the learned Magistrate for not returning the bus on supartnama for non -production of the driver could not be imposed. Yet the revision petition was dismissed for the reason that the petitioner could not succeed in proving that he is the registered owner of the bus.