LAL BAHADUR SHASHTRI EDUCATIONAL SOCIETY LTD Vs. STATE

JUDGEMENT

(1.) BUS No. R. J. T. 995 was taken in possession by the Inspector, Flying Squad Transport Department, Jodhpur on 15-9-82 for the reasons that : - (i) There was no registration certificate; (ii) There was no fitness certificate; (iii) The vehicle was not insured; (iv) Permit of the vehicle was not produced ; (v) There was no tax token for the current quarter and no receipt for payment was filed. (iv) For a sufficient period tax was due.

(2.) AN application was filed in the Court of Judicial Magistrate, Jodhpur by the petitioner with the prayer that as the petitioner with the prayer that as the vehicle in question had been purchased by the petitioner Institution from Ghewar Chand, the registered owner, on 7-7-78, it may be returned to the Institution. Exemption from payment of tax was claimed. The learned Magistrate in view of the facts that Ghewar Chand was the registered owner and tax was due and other relevant documents were not produced, disallowed the application. The learned Sessions Judge, Jodhpur rejected the revision petition filed on behalf of the Institution on 17-1-83. Being aggrieved by that order the petitioner has now invoked the inherent powers of this Court by filing a petition under sec. 482 Cr. P. C. Notice was given to the non-petitioners; State of Rajasthan and Regional Transport Officer cum Taxation Officer (M. P.), Jodhpur at the admission stage and Mr. Udawat put in appearance on their behalf.