JOYTI INTERNATIONAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is directed against a notice issued by Metiabruz Police Station directing the petitioner to produce Motor Cycle No. WB/01/K-142. Subsequently the petitioner has filed a supplementary affidavit praying for quashing the F.I.R. lodged in Metiabruz P.S. Case 109 dated 8.6.98.

(2.) ACCORDING to petitioners the motor cycle was financed by them and the hire purchaser failed to pay his instalment, hence they seized the vehicle in terms of the hire purchase agreement. Thereupon one Md. Morshed Molla lodged F.I.R. under sections 341/379/114, I.P.C. as a result whereof the police wanted to seize the vehicle. As hirer petitioners are the owners of the motor cycle, hence no offence under section 379, I.P.C. is made out and therefore the F.I.R. as well as the notice should be quashed.

(3.) AS per clause (10) of the said agreement the hirer has been empowered to take the possession of the vehicle in case instalments are not paid in time.