SANJEET MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.PC') has been filed by the petitioner for quashing the order dated 11.02.2016 passed by the learned Additional Session Judge, Rosera in Session Trial No. 415 of 2015, arising out of Rosera P.S. Case No. 343 of 2014 by which the application filed by the petitioner for release of the seized motorcycle bearing Registration No. BR-33-E/3979 has been rejected.

(2.) The undisputed facts of the case are as under:-

(3.) Learned counsel for the petitioner has submitted that the order impugned is bad in law in view of the fact that the expiry of certificate of insurance or certificate of pollution or driving licence could not have been made a ground for rejection of the application for release of the motorcycle. He has submitted that there is no requirement of valid driving licence of owner of a vehicle for its possession. He has submitted that the certificate of insurance and certificate of pollution required for plying the vehicle on road. He has submitted that even for issuing such certificates, physical verification of the vehicle by the concerned authorities is a must, which is possible only if it is released.