Judgment ( 1. ) APPLICANT has filed this revision against the order dated 23-6-2006 passed by Fourth Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 40 of 2006, rejecting his application under Sections 451 and 457 of the Code of criminal Procedure, seeking interim custody of Maruti Van No. MP-16/ w/0011. ( 2. ) AFORESAID vehicle had been seized by city Kotwali Police of chhatarpur in connection with Crime No. 157 of 2005, registered under sections 302 and 396 of the Indian Penal Code. ( 3. ) ACCORDING to prosecution, accused/non-applicant Nos. 2 to 5 committed murder of Virendra and looted his money. It is alleged that the said maruti Van was used in commission of the offence. ( 4. ) APPLICANT is not accused in the present case. He purchased the aforesaid Maruti Van from Dashrath Prasad Dubey through sale letter dated 30-9-2004. Though the sale letter and other documents obtained from Dashrath prasad Dubey were filed before the Regional Transport Officer for transfer of the vehicle in the name of the applicant, but the registration of the vehicle could not be issued in his name and the vehicle was seized by the police. Learned Addl. Sessions Judge rejected the application filed by applicant on the ground that the vehicle was not transferred to the applicant the registration certificate was not issued to him. ( 5. ) PERUSAL of the documents filed by the applicant shows that the sale letter and other documents were produced before the concerned Regional transport Officer for transfer of the vehicle. The vehicle was insured and the seller viz. , Abdul Sameer had furnished affidavit stating that he had sold the vehicle to applicant and had obtained full price of it. ( 6. ) IN case of sale/transfer of movable property the title of the property passes to transferee as soon as the price is paid and the possession of the vehicle is delivered to transferee. The motor vehicle being movable property its sale is covered under the provisions of Sales of Goods Act. The registration of the vehicle under the provisions of Motor Vehicle Act is only for the purpose of fixing ostensible ownership for the liability of taxes etc. In the present case, since the sale letter has been issued and submitted to the Regional Transport Officer, it cannot be said that the applicant had no title of the vehicle.
The registration of the vehicle under the provisions of Motor Vehicle Act is only for the purpose of fixing ostensible ownership for the liability of taxes etc. In the present case, since the sale letter has been issued and submitted to the Regional Transport Officer, it cannot be said that the applicant had no title of the vehicle. Since the applicant is a title holder of the vehicle, he is definitely entitled for its custody subject to other conditions imposed on him. ( 7. ) TAKING into consideration that the applicant is not accused in the case and that if the vehicle is kept for a long time in open and careless condition, it will definitely damage and deteriorate, I deem it proper to allow this revision and grant interim custody of the vehicle to the applicant on certain conditions. ( 8. ) ACCORDINGLY, this revision is allowed. The impugned order passed by the Additional Sessions Judge is set aside. It is directed that Maruti Van No. MP-16/w/0011, seized by the Chhatarpur police in Crime No. 157/05 shall be handed over to the applicant in interim custody during the pendency of the trial, on the condition of his furnishing bank guarantee in the sum of Rs. 20,000/- (Rupees twenty thousand) and a surety bond in the like amount to the satisfaction of the trial Court for producing the vehicle before the Trial Court as and when required. The applicant shall not change colour and design of the vehicle nor shall he transfer or alienate it to anybody or otherwise part with its possession. ( 9. ) THIS order shall be subject to final order to be passed by the Trial court in respect of the custody of the vehicle at the time of conclusion of the trial. Criminal Revision allowed.