IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12054 of 2011
Gama Poddar
Versus
The State Of Bihar
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3/ 10th August 2011 Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
Supplementary affidavit filed has been
taken on record.
The instant petition has been filed against
an order dated 17.01.2011 passed by Additional
Sessions Judge, FTC-1, Lakhisarai in Cr.Revision No.
277 of 2010 refusing the prayer of the petitioner to
release the vehicle bearing registration no. BR-08-G-
4701 as well as order dated 2.11.2010 passed by
Railway Judicial Magistrate, 1st Class, Kiul in RPF
Jamalpur Work Shop Post Case No. 05 of 2010.
On 19.05.2010 the RPF personnel seized
truck in question bearing registration no. BR-08-G-
4701 loaded with property belonging to railway for
which RPF Jamalpur Work Shop Post Case No. 05 of
2010 was registered under Section 3(a) R.P.(UP) Act.
It has been submitted on behalf of the
petitioner that he happens to be a bona fide owner of
the vehicle bearing registration no. BR-O8-G-4701
which he had purchased from Munna Sah. Further
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submitted that true it is that during pendency of the
instant case, the owner book has been corrected in
the light of transfer effected in his favour by Munna
Sah before institution of this case but on account of
anomaly created by RPF personnel, which has got no
sanctity in the eye of law, the prayer has successively
been rejected by the court below.
On the other hand, learned APP opposed
the prayer and submitted that there happens to be
provision prescribed under R.P.(UP) Act to confiscate
the conveyance as the same was used for
transportation of railway property stealthily.
Gone through the successive order. From
perusal of the same, it transpires that the grounds
enumerated therein appear to be in conflict.
Consequent thereupon, the same is set aside.
Accordingly, the instant Cr. Misc. petition is allowed.
The learned lower court is directed to release the
truck bearing registration no. BR-O8-G-4701 in
favour of petitioner after duly verifying his claim of
ownership and being satisfied thereupon on a bank
guarantee of Rs.5 Lacs in connection with RPF
Jamalpur Work Shop Post Case No. 05 of 2010.
Petitioner will undertake that the truck bearing
registration no. BR-O8-G-4701 will not be transferred
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till pendency of case, and will be produced whenever
and wherever required by the court.
Let this order be faxed to the court
concerned at the cost of the petitioner.
(Aditya Kumar Trivedi, J.)
perwez