MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE miscellaneous petition is preferred against the order dated July 19, 1989, passed by the Judicial Magistrate, Khetri, rejecting the prayer of the petitioner for handing over the vehicle to him, which has been retained by the Transport Authorities.

(2.) THE petitioner is the registered owner of the vehicle No. RST -1635 (a jeep). This vehicle was checked by the Assistant Sub -Inspector, and the registration -certificate, permit, insurance -certificate and the token of taxes were not found kept in the vehicle. So the vehicle was seized; and on 19th July, 1989, a complaint with regard to these deficiencies, was filed in the court of Judicial Magistrate, Khetri. The very day when the complaint was filed, the petitioner moved an application for handing over the vehicle to him on 'Supardginama', as the alleged offences were of technical nature. The learned Magistrate did not agree with the petitioner and observed in his order that according to Section 207 of the Motor Vehicles Act, 1939 (for short, 'the Act'), the power of releasing the vehicle rests with the Government, So, he dismissed the application of the petitioner. The petitioner then filed a revision before the Sessions Judge, Jhunjhunu, who dismissed the same on the ground that no revision lies against such an order. Hence, the petitioner has come to this Court under Section 482, Cr.P.C. for getting quashed the order of the learned Magistrate.

(3.) THE petition is, therefore, accepted The order of the Judicial Magistrate, Khetri, dated 19th July 1989, set aside. The petitioner is directed to show all the documents to the learned Magistrate, after and the Magistrate seeing those documents, shall pass necessary orders releasing the vehicle, which be banded over to the petitioner.