PANKAJ KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the impugned order dated 23.3.1985 passed by Sub -Divisional Judicial Magistrate, Chas, by which the two buses bearing numbers W.G.W. 287 and B.H.N. 6322 have been released in favour of opposite party Nos. 2 and 3. Opposite party No. 3 is United Motor Works Company Ltd., a company incorporated under the Companies Act, having its Head Office at Calcutta.

(2.) It is claimed by the petitioner that opposite party No. 3 was allotted a bus permit by the State Transport Authority, West Bengal, for plying a bus service from Calcutta to Purulia and return, on and from 15.2.1972 for a period of five years expiring on 14.2.1977. On getting that permit, it is claimed that opposite party No. 3 expressed his inability to invest for purchasing a vehicle for returning the bus in that route and requested the petitioner who was known to each other closely, to run the bus in respect of that route permit from Calcutta to Purulia and in consequence thereof an agreement was entered into on 11.2.1977 between the petitioner and opposite party No. 3 and this agreement, it is claimed, is not denied. It is claimed that two buses were given in garrage for repair and thereafter it is claimed that the two buses indicated above were stealthily removed from that garrage on 29.8.1984 for which a first information report was lodged alleging that these buses were missing and were removed by opposite party No. 3. In consequence of that first information report the aforesaid two buses were seized on 1.6.1984 and after seizure of those buses an application was filed in the court for release of the buses.

(3.) Opposite party No. 2 appeared and opposed the claim for release of the buses claiming that he had purchased those buses and in fact he is the rightful owner of those buses which were, in terms of the agreement, given to opposite party No. 3 only for the purpose of plying in view of the permit standing in his name in that route. Opposite party No. 2 produced sale letter written by opposite party No. 3 to transfer the buses showing transfer of the buses to opposite party No. 2. It was dated 16.5.1984.