IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.36767 OF 2008 1. JAWAHAR PRASAD SAH @ JAWAHAR SAH, SON OF LATE JHAMMU SAH 2. ASHOK KUMAR, SON OF SRI JAGDISH SAH BOTH ARE RESIDENT OF VILLAGE KUTUBPUR, POLICE STATION BIDUPUR, DISTRICT VAISHALI VERSUS THE STATE OF BIHAR ******** 2 17/08/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Three cars were seized on 18.09.2006 from the petitioners 1 and 2. Petitioner nos. 1 and 2 failed to show the documents of ownership and registration with respect to the three cars which were seized by the informant. The petitioners applied for release of the vehicles in question in their favour which were rejected by the Judicial Magistrate on 25.08.2007. Being aggrieved by that order, the petitioners filed a revision application which were heard and rejected by the 1st Additional Sessions Judge, Vaishali at Hajipur on 05.06.2007. The Courts below have rejected the application for release of three cars on the ground that at the time when the seizure was made, the petitioner did not have the required documents which would indicate that they were the valid purchasers of the vehicle in question. 2 During hearing of this matter before the Court below, reports were called for from the District Transport Offices at Hajipur, Patna and Kolkata. The report of the District Transport Office, Patna dated 11.06.2007 mentions that the car bearing registration no. DL 5C/1479 was originally registered in the name of one Rakesh Verma and was transferred to one Smt. Asha Kumari on 03.12.2001. Smt. Asha Kumari is said to have transfer the aforesaid vehicle to the petitioner Jawahar Prasad Sah on 09.10.2006 i.e. after the seizure of the vehicle. Similarly, the District Transport Office, Vaishali in its report dated 07.08.2006 has reported that the car bearing registration no. BR 31A/2003 was initially registered in the name of one Shri Bishnu Bhagwan Chaudhary of Hajipur. The said vehicle was transferred to the petitioner Jawahar Sah on 04.12.2006 whereas the report of the P.V.D., Kolkata dated 23.05.2007 indicates that the car bearing registration no. WB 02A/7400 was initially registered in the name of M/s Coastal Road Limited and then the same was transferred to one Ranvijay Singh Rathore and again on 11.06.2007 the same vehicle was transferred in the name of Ashok Kumar. All the vehicles were seized from the house of Jagdish Sah and Jawahar Sah. At the time of seizure, the 3 petitioners did not produce any document in support of their claim that they are bonafide owners of the said vehicles. Learned Counsel for the petitioners submits that subsequently after the seizure was made, the cars in question were transferred in favour of the petitioners. A case was instituted under Section 414 of the Indian Penal Code on the ground that the petitioners did not have the relevant documents to indicate that the cars were not the stolen one and they belong to the petitioners. Learned Counsel further submits that if the cars were allowed to remain in the premises of the Police Station, they would become damaged and no useful purpose would be served in retaining the cars in the Police Station. It is further submitted that the petitioners are willing to give an undertaking that they would not transfer the ownership of the vehicles in question. In the circumstances, the Court directs the Judicial Magistrate, 1st Class, Vaishali at Hajipur to take into account the documents regarding ownership and/or registration and after issuing general public notice in the daily newspaper with respect to the ownership of the cars in question which should be done within a period of ten days from the date of receipt of a copy of this order and if no objection is filed with a respect to the ownership of the 4 cars in question , release the vehicles in favour of the petitioner to his satisfaction. In the result, this application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )