RITCO TRANSPORT CO. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Motor truck, registration No. DL-GA-3518 (the truck), was seized by the police during the investigation of a case under section 279 Penal Code registered vide FIR No. 222/95 of Police Station - Shivdaspura, District-Jaipur. The truck is registered in the name of the petitioner firm. Shri Radheshyam Pareek filed an application before the learned Additional Chief Judicial Magistrate No. 2, Jaipur District, Jaipur, as attorney of the petitioner firm, praying that the truck be given to him on 'supardaginama'. Along with the application, he filed a copy of the partnership deed of the petitioner firm and the Power of Attorney executed in his favour on behalf of the petitioner firm by Shri Narendra Pal Singh, one of the partners of the petitioner firm. The learned Additional Chief Judicial Magistrate, vide the impugned order dated 4.1.1996, has rejected the application on the ground that there was nothing to show that Shri Narendra Pal Singh, who is one of the partners of the petitioner firm and who had executed the Power of Attorney in favour of the applicant, was authorised to execute the same on behalf of all the partners and also on the ground that even the licence of the driver of the truck had hot been produced. Feeling aggrieved, the petitioner has approached this court by filing this petition under section 482 of the Code of Criminal Procedure (the Code).

(2.) I have heard Shri M.R. Singhvi, the learned counsel for the petitioner firm, Shri G. Bardar, the learned Public Prosecutor for the State and have also perused the impugned order.

(3.) Shri M.R. Singhvi, the learned counsel for the petitioner, has submitted that with a view to avoid the delay, which was likely to be caused in getting the truck, another Power of Attorney executed by other partners of the petitioners firm also was filed and the truck was given on 'supardaginama' to the above said applicant, but such type of difficulties are being faced in the learned lower courts. He has thus prayed that the matter be decided on merits so that in future no such difficulty arises while dealing with such cases.