TEJA SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) TEJA Singh has moved this Court under Section 482 of the Code of Criminal Procedure for quashing of the order passed by the Additional Sessions Judge, Sangrur dated 24.11.1992 whereby it has been held that the mini bus No PB -13/1024 be delivered to Ajit Singh the owner.

(2.) BRIEFLY , the facts are that on March 27, 1992, bus No. PB 13,1024 was taken into possession under Section 121 of the Motor Vehicles Act from Teja Singh because he did not possess the registration certificate and permit etc. However, the Judicial Magistrate restored the possession to aforesaid Teja Singh from whom it was taken into possession. In a revision which came before Shri J.S. Korey, Additional Sessions Judge, Sangrur, it came to notice that Ajit Singh was, in fact, the registered owner and after bearing the parties he ordered that the vehicles shall be handed over to Ajit Singh.

(3.) IT is undisputed that the vehicle in question in registered in the name of Ajit Singh son of Hari Singh resident of village Jakhepal, District Sangrur. A photo copy of the registration certificate has also been placed on the record of this Court. Here also, it has been reiterated that the vehicle in question was purchased and assigned to Ajit Singh from the quota of handicapped persons and it is a fact that Ajit Singh who appeared in this Court as well lost both his legs some time ago and there is no reason why he should not be entitled to possession of this vehicle being its sole registered owner. The learned counsel for the petitioner has referred to Section 82(1) of the Motor Vehicles Act, 1988 and it is reproduced as under : "82(1) Save as provided in sub section (2) a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) . . (3) . . A perusal of the aforesaid provision goes to show that Ajit Singh the owner and permit holder of this mini bus, was entitled to its possession. It is not the case of the petitioner Teja Sigh that there has been any transfer of the aforesaid vehicle or permit in his favour at any stage. The summary challan under the Motor Vehicles Act has also been disposed of by the competent court. The conclusion is that the present petition of Teja Singh challenging the impugned order dated November 24, 1992 has no merit and it is dismissed and the vehicle in question shall be delivered to Ajit Singh immediately.