ASHARAM SHARDA Vs. STATE

JUDGEMENT

(1.) Heard Mr. A.R. Mehta learned counsel for petitioner Asharam Sharda and Mr. S.K. Mathur Public Prosecutor.

(2.) A Fiat car bearing present registration No. RNN 6046 was seized by the Police Officer attached to Police Station Shashtrinagar, Jodhpur, on April 15, 1987. The report of the Station House Officer, Police Station, Shashtrinagar, Jodhpur, on the file of Additional Chief Judicial Magistrate No. 1, Jodhpur, goes to show that this car is connected with Crime Case No. 210 of 1985 of Tilaknagar Delhi where a First Information Report about the theft of car No. HYJ 34 (Fiat) was made by Attar Singh. It is quite clear that the alleged offence of theft was not committed within the jurisdiction of Additional Chief Judicial Magistrate No. 1. Jodhpur, Fiat car No. RNN 6046 has also not so far been handed over to Delhi Police by the Officer In-charge of the Police Station Shashtrinagar, Jodhpur. The Additional Chief Judicial Magistrate No. 1, Jodhpur is also not competent to try the case about the theft of car No. HYJ 34 (Fiat) which was registered as case No. 210 of 1986 at Police Station Tilakmarg New Delhi.

(3.) The petitioner Asha Ram has satisfied by producing the registration certificate that he had purchased Fiat car. whose previous registration number was CIF 1754 from Omprakash for a consideration of Rs. 50,000.00 In such circumstances, petitioner Asha Ram Sharda is the person best entitled to the possession of Fiat car No. RNN 6046 and the said Fiat car which was seized by the Police Officer attached with Police Station Shashtrinagar Jodhpur shall be delivered to said Asha Ram Sharda by the Officer In-charge of the said Police Station immediately.