JUDGMENT In this petition preferred under Sec. 482, Cr.P.C. the petitioner by invoking powers of this Court under section 482 of the Code seeks the custody of passenger bus CPL 9003 in his possession which was seized by the police Ambikapur. When the petitioner applied for its custody, the learned Magistrate ordered that since the driver of the bus has not been produced by the bus owner return of the bus on supartnama was not possible. On a revision preferred by the petitioner, the learned Sessions Judge found that the ground for refusal as given in the order was not sustainable as no condition by the learned Magistrate for not returning the bus on supartnama for non-production of the driver could not be imposed. Yet the revision petition was dismissed for the reason that the petitioner could not succeed in proving that he is the registered owner of the bus. With regard to the ownership, documents were filed on record to show that the said bus is registered in the name of Shamim Bus Service of which the petitioner is the proprietor. A document of a partition has also been filed to show that it came to the petitioner's share. Nobody else has come forward to claim possession of the bus in dispute. The learned Sessions Judge allowed the bus to be given on supartnama of the petitioner during the pendency of the revision petition, which has now been directed to be returned back to the Court custody under the impugned order. From the facts and circumstances, at this stage, when there is no other claimant and the bus is registered with Shamin Bus Service of which the petitioner is shown to be the undisputed proprietor, the possession of the bus is directed to be given to the petitioner. In the impugned order, the learned Court below has not considered this aspect that the bus, which is registered in the name of Shamim Bus Service and in the partition, the bus has come to the share of the petitioner, which is not yet challenged by anyone, nor anybody else has come forward to claim possession thereof. Therefore, setting aside the impugned order, the bus is directed to be given on the suparatnama of the petitioner, on his executing a personal bond and submitting a solvent surety to the tune of Rs.
Therefore, setting aside the impugned order, the bus is directed to be given on the suparatnama of the petitioner, on his executing a personal bond and submitting a solvent surety to the tune of Rs. two lacs to the satisfaction of the C.J .M. Ambikapur, with the condition that in future if the production of the bus is required in any matter, the petitioner shall produce the bus as and when ordered by the C,J.M. Ambikapur and without the permission of that Court shall not transfer the bus.