KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT is a revision which has been directed against the order dated 3rd March, 1997 passed by the Chief Judicial Magistrate, Patiala, who released Bus No. PAB-8681 on superdari to Harnek Singh subject to the furnishing of superdari bond in the sum of Rs. 11 lacs with one surety in the like amount. Aggrieved by the said order, Kulwant Singh has filed the present revision.

(2.) THE aforesaid bus became the subject matter of FIR No. 27 dated 21.2.1997 registered under Sections 279/337/427/403-A, Indian Penal Code, against one Kirpal Singh, who, admittedly, is the driver of Harnek Singh. The order of the learned Chief Judicial Magistrate is sought to be set aside by the learned counsel for the petitioner on the ground that as per the registration certificate, his client Shri Kulwant Singh is the owner and in these circumstances the Chief Judicial Magistrate was duty bound to hand over the vehicle to the petitioner and not to the respondent.

(3.) LEARNED counsel for the petitioner has tried to distinguish both the case law by urging at the Bar that in the present case the bus in question was not the case property.