PRADEEP KHATRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Car No. DBA-1968 was seized by the Investigating Agency in Crime No. 13/93 registered at Rajasthan Investigation Bureau Jaipur against one Nizamuddin s/o Shri Abdul Gaffar under section 13 (I) (e) (ii) of Prevention of Corruption Act, 1988. The petitioner moved an application for the custody, stating that he is the registered owner of the vehicle and that if the vehicle is kept at the police station at an open place without proper care, it shall be completely damaged and spoiled by the time, the case is decided. The application was rejected by the learned Trial Magistrate that the transfer of the vehicle is made in favour of the petitioner on 3th Aug., 1993 and on the day of its seizure i.e. 23-1-93 the registration was in the name of one Santosh Kumar. The learned Magistrate observed that because the registration has been made after 8 months of the seizure it appeared to be a Benami transaction.

(2.) The learned Magistrate also observed that the Contessa Car could not be sold at the price, in which, it was sold to the petitioner. It may be stated here that nobody-else has claimed. the possession/custody of the Car in question except the petitioner. It is also not in dispute that presently the petitioner is the registered owner of the Car and the transfer has been made by Santosh Kumar the original registered owner. The criminal case was also not registered against the original registered owner Santosh Kumar, but it was registered against one Nizamuddin. If the registered owner Santosh Kumar transfer the ownership in the name of the petitioner and the transaction is Benami, than too, it is Santosh Kumar, who can challenge and put his grievance. Admittedly, Santosh Kumar has not placed any grievance up till now placing his claim over the Car. More so, at present we are only concerned with title interim custody till the disposal of the case and it is our experience that if the vehicles are kept in the custody of the police, they are completely damaged and spoiled by the time, the case is decided.

(3.) Thus, taking into consideration all the facts & circumstances, I think it just and proper that the Car in question be given in the custody to the petitioner. 1, therefore, set aside the order of the learned Trial Magistrate and direct that the Car No. DBA 1968 he given in the custody of the petitioner on the following condition:-