RAKESH GOYAL Vs. NANAK CHANDRA AGARWAL

JUDGEMENT

(1.) IN this revision petition, the petitioner has prayed for quashing the orders dated 4.10.90 and 30.10.90 passed by the Judicial Magistrate of the first class at Gauhati in Case No. 1580 C of 1990.

(2.) THE matter relates to the custody of a truck bearing No. AMA 7594. The learned Magistrate by an order dated 4.10.90 directed that the vehicle shall be kept in the custody of the Office-in-charge, Basistha Police Station. On 30.10.90, the learned Magistrate passed another order directing the Officer-in-charge, Basistha Police Station to give custody of the vehicle to the registered owner. Hence this petition.

(3.) SECTION 2(19) of the Motor Vehicles Act, 1939, for short, 'the Act of 1939' provides: Where the person in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement.