MAHANDRA SINGH Vs. STATE

JUDGEMENT

(1.) THIS miscellaneous petition is preferred against the order dated 19th July, 89, 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, 89, 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 S. 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 u/s. 482, Cr. P. C, for getting quashed the order of the learned Magistrate.