JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor. 2. Learned counsel for the petitioner states that petitioner has filed an application before the learned Magistrate for releasing his Registration Certificate as well as Driving Licence on supardginama, which have been seized by the Transport Department. The said application was dismissed by the learned Magistrate. Against which, revision was filed, which was also dismissed by the revisional court. He states that if any tax is due, it will be decided by the authority concerned and if any tax is found due, he will deposit the same in due course of time whenever any demand is raised in this regard and keeping of Registration Certificate as well as Driving Licence is not at all required and criminal court has also jurisdiction to dispose of the property seized. 3. Learned Public Prosecutor states that the orders passed by courts below may not be interferred with. Since tax was due and notice was also issued, therefore, keeping of Registration Certificate as well as Driving Licence with the Department, is not at all illegal and after depositing the tax, the petitioner can take these documents. 4. I have considered the rival arguments made by the learned counsel for the petitioner as well as learned Public Prosecutor and gone through both the orders passed by Courts below. The Registration Certificate as well as Driving licence was seized by the Department and these documents were only demanded on supardginama. If any offence has been committed, the Criminal Court has jurisdiction to dispose of the property seized. In this case, since the petitioner has violated the provisions of permit, prima facie offence has been committed and criminal court has jurisdiction to dispose of the property seized. The Registration Certificate and Driving Licence are in possession of the Department and they should have been given on supardginama by the trial court to the petitioner. 5.
In this case, since the petitioner has violated the provisions of permit, prima facie offence has been committed and criminal court has jurisdiction to dispose of the property seized. The Registration Certificate and Driving Licence are in possession of the Department and they should have been given on supardginama by the trial court to the petitioner. 5. Looking to all the facts and circumstances of the case, it is directed that the Registration Certificate and Driving Licence will be handed over to the petitioner provided he furnishes a supardginama of Rs.15,000/- alongwith one surety of the like amount to the satisfaction of the concerned Judicial Magistrate, Shivganj with the condition that he will produce the aforesaid documents before the concerned court as and when required and if it is found that any tax is due, the Department will be free to recover the same in accordance with the law. 6. With the aforesaid observations and directions, this misc. petition stands disposed of.Petition disposed of as above. *******