RASH BIHARI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE relevant facts for the purpose of disposal of this present application are that on the information of one Tarun Kumar Banerjee, a first information report being Bermo P.S. Case No. 76/2003 was registered under Sections 406, 420, 468, 471 and 120B of the Indian Penal Code. In the F.I.R. it was alleged, that the informant had purchased one truck. bearing registration No. WB -73/4430, from one Bablu Panda on a consideration of Rs. 2,71,000/ - and a sale note was also executed. After one month of the purchase, Bablu Panda came to the informant and took his signature on a blank paper, on the pretext to get the name of the informant entered in the owner book and he also took away the truck alongwith the papers. It was further alleged that thereafter, Bablu Panda neither returned the truck to the informant nor his name was entered in the owner book of the vehicle. On enquiry, he came to know that the registration number of the truck in question has been changed and the same was handed over to one Alakh Narayan Verma for plying the same.

(3.) THE petitioner herein, namely Rash Bihari Singh claiming himself to be the owner of the vehicle, filed a petition before the Magistrate for release of the truck. A report from the Investigating Officer was called for, which was submitted showing doubt over the chassis number and engine number because it was found that the chassis number and engine number were over punched. The I.O. reported that verification was necessary to ascertain as to whether the seized truck was having registration No. WB -73/4480 or WB -37 A/2096. It appears that by order dated 20.8.2003 the learned A.C.J.M. directed the Investigating Officer to release the truck in favour of the petitioner Rash Bihari Singh on furnishing indemnity bond of Rs. 7,00,000/ - with some other conditions mentioned in the order (Annexure -2).