HDFC BANK LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision petition, the petitioner HDFC Bank Ltd. Branch and Landing Office at Time Square Complex, 4rth Floor Central Spine Vidhya Nagar, Jaipur through Authorised Signatory Mr.Shekhar Tatwawadi S/o CK Nath Tatwawadi has challenged the order dated 02.06.2008 passed by the learned Special Judge, NDPS Act Cases, Chittorgarh by which the learned trial court refused to release the vehicle on "Supurdginama".

(2.) Learned counsel for the petitioner submits the petitioner HDFC Bank Ltd. Branch and Landing Office at Time Square Complex, 4rth Floor Central Spine Vidhya Nagar, Jaipur through Authorised Signatory Mr.Shekhar Tatwawadi S/o CK Nath Tatwawadi working as finance company for providing loan, lease, bill discounting amongst other. Learned counsel further submits that a Misc. petition has been filed in the year 2007 stating therein that Chaina Ram R/o village hem nagar, Jodhpur had approached the petitioner Bank and sought it to avail finance under loan agreement on a vehicle bearing No.RJ-19 GB0200 and submitted that he is in a position to fulfill the commitments under the said agreement and the petitioner bank and said Chaina Ram entered into agreement No.2964452 for vehicle loan for a period of 45 months. Learned counsel for the petitioner submits that Chaina Ram continued to enjoy the use of said vehicle and started defaulting in the payment of monthly installments, therefore, the said vehicle was seized in FIR NO.02/2007,VIII (10)/2/NCB/JZU/07 (Sessions Case No.13/2008) during the course of investigation. The application under Section 457 Cr.P.C. has been moved by the petitioner for interim custody of the said vehicle and the same was rejected by order dated 02.06.2008 the court below on the ground that vehicle was required for identification and Chaina Ram is not turning to the Court inspite of repeated summons, Sri Ganganagar.

(3.) Learned counsel for the petitioner submits that in the similar matter i.e. S.B. Criminal Misc. Petition no. 130/2001 decided on 04.09.2001 Raj Kumar v. Union of India reported in 2001 (2) RCC 1370, and in Criminal Appeal No. 549/2008 decided on 25.03.2008 Bharath Metha v. State by Inspector of Police Chenna in the vehicle was released on "Supurdginama".