KOIJAM TOMBI SINGH Vs. CHONGTHAM PISAK SINGH,

JUDGEMENT

(1.) K . Tombi Singh has filed this revision petition against the order of the Superintendent of Police passed in his capacity as Magistrate, first class, regarding the suspected property, i.e., some 4 or 6 lorry -loads of salvage material in the shape of zali and iron posts etc., seized from the possession of his carriers and thereafter delivering its possession to the respondent Ch. Pisak Singh who is the other claimant. The above material was handed over to the respondent without any condition whatsoever.

(2.) DURING the proceedings of this petition some adjournments were taken by the parties for compromise but to no effect.

(3.) THE facts disclosed from the record before the court are as follows : two drivers of Tombi Singh who were deputed to bring 2 lorry -loads of salvage material from the dump belonging to him reached Imphal on or about 7 -3 -49 and complained to Tombi Singh that their lorries containing iron scraps, motor vehicle parts, brass scraps etc., were seized by the men of Ch. Pisak Singh respondent on the way beyond Churachandpur and unloaded there. They had, therefore, come back and reached Imphal with empty lorries. It appears that on getting this information Tombi Singh made a written complaint to the S. P. on 8 -3 -49 which was sent by him to the O/C N. C. C. for enquiry and report. On 12 -3 -49 Tombi Singh's other 4 lorries bringing alike salvage material were seized by N. C. C. Police. The respondent Ch. Pisak Singh alleged that the material contained in the 4 lorries was stolen by Tombi Singh's men from his dump area and thus he claimed it as his and that it should be handed over to him. Tombi Singh was also making repeated requests by means of his applications to the S. P. that the property belonged to him and it should be restored to him. Thus the rival claimants of the property were the parties in this case. Tombi Singh was claiming that it belonged to him and he had brought it from his own dump area, while Ch. Pisak Singh was maintaining that the same was stolen from his dump area. Tombi Singh has been requesting the police either to hand him over the seized property or that the case should be tried for its legal possession.