KAPOOR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In view of the Fact that the petitioner is a registered owner of the vehicle (bus), with has been seized by the Transport Authorities on the ground that at the relevant time the petitioner was not having the permit and at present the Bus (in question) No. RJ 05/ P-0014 is in the custody of the Transport Authorities, the petitioner moved an application for the restoration of the Bus (in question) before the Munsif & Judicial Magistrate, 1st Class, Bayana (Bharatpur) which has been dismissed by the said Court on the ground that the petitioner is not having the permit. Hence this petition.

(2.) In view of the facts mentioned in the petition & the fact that the petitioner in the registered owner of the Bus (in question) and in case the bus is kept in the custody of the transport authorities then the condition of the bus shall be deteriorated and no useful purpose shall be served in case the bus is kept in the custody of the transport authorities. I think it just and proper to release the aforesaid bus to be delivered in the custody of the petitioner.

(3.) It is, therefore, directed that bus No. RJ-05/P-0014 shall be delivered to the petitioner on the following conditions:-