SAYED JALAL-UD-DIN Vs. STATE

JUDGEMENT

(1.) IN invoking provision of sections 432/433 of the Cr PC. Munsiff. Judicial Magistrate First Class. Ramban. has made a reference to this court in respect of the following points.

(2.) A request was made to Mr. BaldcvSingh. Government Advocate to provide assistance in answering the reference made by the Munsiff. judicial magistrate first class. Ramban.

(3.) A freak but few facts giving rise to this reference may be noticed. An application came to be initialed by one Jalal -ud -din claiming to have purchased a vehicle from Syeed Ali Chisii and also appointed attorney holder, for the release of the vehicle bearing registration no. MH -29B -0907 seized by police station Ramban before Sub -Judge Judicial Magistrate Ramban after perusing the record and hearing the Senior Prosecuting Officer the magistrate found that the petitioner has succeeded in proving a prima facie right over the vehicle and ordered its release in favour of the petitioner on supcradnama with a direction to keep the vehicle in good condition refrain from transferring the vehicle to any other person without prior permission of the court and bound to produce the said vehicle in the court whenever asked and in case of default to do so to pay the full cost of the vehicle in addition to being liable for criminal prosecution . The petitioner was further directed to refrain from the use of vehicle for illegal purpose and asked to furnish indemnity bond in respect thereof. This release order on snperadnama came to be passed by Sub -Judge Judicial Magistrate Ramban on 20 -04 -2001.