SAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Section 482, of Criminal P.C. the petitioner Sat Singh has challenged the validity of the- orders of the Additional Chief Judicial Magistrate, Ropar, dated 24-12-1985 (Annexure P.I) and of the learned Sessions Judge, Ropar, dated 25-1-1986 (Annexure P. 2) by which his prayer for the release of a truck on supurdari in his favour was declined.

(2.) The facts of this case are that the petitioner Sat Singh was owner of a truck bearing registration No. PUX 5040. This truck was stolen and was eventually recovered from Pal Singh and Tejinder Singh accused who are being tried under Section 411, Penal Code. The trial Court released the truck on supurdari in favour of the petitioner vide an order dated 28-2-1985 on furnishing security in the sum of Rs. 100,000/-. Subsequently the petitioner agreed to sell the truck in favour of Tarlochan Singh for Rs. 82,000/-. Tarlochan Singh paid a part of the sale price i.e. Rs. 47,500/- to Sat Singh and possession of the truck was delivered to him. On the application of the petitioner the supurdari in his favour was cancelled by the trial Court on 2-12-1985. Tarlochan Singh applied on 13-12-1985 for the truck being released in his favour on supurdari. The petitioner also filed an application on 18-12-1985 that the truck may be again given to him on supurdari. The trial Court rejected both the applications vide his impugned order dated 24-12-1985 (Annexure P/l). Against this order both the claimants filed revision petitions which were heard by the learned Sessions Judge, Ropar. He dismissed the revision petition of Sat Singh, the present petitioner, but accepted the revision petition of Tarlochan Singh directing that the truck be handed over to him on supurdari on his furnishing security in the amount of Rs. 100,000/-.

(3.) On hearing the learned Counsel for the parties I find no infirmity in the order of the learned Sessions Judge, Ropar (Annexure P/2). Sat Singh was owner of the truck and it was given to him on supurdari by the trial Court on 28-2-1985. It was not disputed before the learned Sessions Judge that Sat Singh thereafter agreed to sell the truck to Tarlochan Singh and delivered possession of the truck to the latter on receipt of major portion of the sale price. Evidently, in these circumstances Sat Singh was not interested in keeping the truck on supurdari. He, therefore, got the supurdari in his favour cancelled on 2-12-1985. Since Tarlochan Singh was then in possession of the truck, he applied for its supurdari on 13-12-1985. For reasons best known to Sat Singh he also filed an application on 18-12-1985 to get the truck on supurdari all over again.