SRI RAM TRANSPORT FINANCE COMPANY LTD. Vs. STATE

JUDGEMENT

(1.) THIS is an application under Sections 397/401 of the Code of Criminal Procedure against the order dated 19.2.2000, whereby and whereunder the learned Railway Magistrate. Chakradharpur. Singhbhum (West) rejected the prayer for release of the truck bearing No. BR 16G/0325 in connection with case No. C/7485/97, which was seized and lying at Muri RPF.

(2.) NOTICE was issued against O.P. No. 2, said to be the owner/hire purchaser of the truck in question but inspite of service of notice, neither he appeared nor any counsel on his behalf appeared and about service the petitioner also filed an affidavit claiming that the notice was served on 5.4.2002.

(3.) FROM going through the record, it appears that the advance taken by the opposite party No. 2 was not paid and as a result of which one Misc. Case was already filed at City Civil Court at Calcutta and order was passed for taking possession of the said truck and in view of the agreement also, the petitioner is entailed to get possession of the truck in absence of final liquidation of the said advance taken by the opposite party No. 2.