GHULAM MOHD. SHAH Vs. MOHD. SHAFI

JUDGEMENT

(1.) BY means of this reference, learned Additional Sessions Judge, Jammu, has recommended the setting aside of the order dated 10 -10 -2002 formulated by 3rd Additional Munsiff, Jammu, whereby the motor vehicle No. 5781 -JK02G (Tipper) has been released on the Supardnama of J&K; Bank Ltd. Branch Tootan Di Khui, Jammu. It is also recommended that instead of placing on the Supardnama of the Bank, the said vehicle be placed on the temporary Supardnama of registered owner -Mohd. Shafi, resident of Bye -Pass Sidhra, Jammu with further condition contained in the order of reference on the ground that the Bank will not be in a position to use the vehicle nor it can put it to auction as the same has been seized in criminal proceedings and resultantly the utility of the vehicle would diminish everyday, thereby making the recovery of the loan by the Bank virtually impracticable.

(2.) IT appears that in a criminal case, registered on the complaint of Mohd. Shafi, who claims to be the registered owner of the vehicle No. 5781 -JK02G (Tipper) which is stated to have been fraudulently taken away by Ghulam Mohd. Shah from the custody of the registered owner and stood recovered and parked in Police Station, Nagrota, an application came to be initiated for the temporary custody of the said vehicle during the pendency of the trial. It was stated before 3rd Additional Munsiff, Jammu, that the vehicle is exposed to heat while lying in the compound of the Police Station and the automobile is likely to be lost to all in such situations in case the vehicle is not put to use.

(3.) THE learned Magistrate, however, after hearing the parties directed the vehicle No. 5781 -JK02G to be released on the Supardnama of J&K; Bank Ltd, Branch Tootan Di Khui, Jammu, on the condition not to alienate, transfer for deal with it in any manner without prior permission of the Court and produce the same as and when required.