MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, challenge has been made to the order dtd. 8/4/2022 passed by the learned Special Judge (NDPS Cases) Ratangarh, District Churu in Criminal Misc. Case No. 25/2021 relating to Session Case No. 33/2021 pertaining to FIR No. 186/2021 registered at Police Station Ratangarh, District Churu whereby the prayer made by the petitioner for releasing the vehicle in question (Fortuner) bearing registration No. RJ 14 UJ 5319, has been declined.

(2.) Learned Counsel for the petitioner submits that the petitioner has purchased the vehicle from its registered owner. He had made part payment to him and the delivery of the vehicle had been handed over to him and he was plying the vehicle which has been seized by the police in connection of the aforementioned matter. The relevant material with regard to that transaction has been made available to the Court. It is his submission that the sale of a motor vehicle would be covered under the provision of Sale and Goods Act and as per which, after the payment of price and delivery of goods, the process of sale is completed. The registration of the vehicle could not have been transferred because of the hypothecation endorsement made on the registration certificate and that was under process and in the meantime, the vehicle got seized by police. It is further contended that the registered owner is also agreeable and willing if the delivery of the vehicle is handed over to the petitioner. An affidavit to this effect executed by the registered owner in favour of the petitioner has also been placed on record. The vehicle in question is lying in an open area of Police Station and it may deteriorate its condition if allowed to keep stationed there. He further submits that the interim custody of the vehicle in question can be given to the petitioner till conclusion of the trial and for that, there is no legal bar.

(3.) Per contra, learned Counsel for the finance company made protest to the submission made on behalf of the petitioner by contending that some installments towards the petitioner are due, therefore, the delivery may not be given to the petitioner.