Md. Zaffar Imam @ Md. Zaffar Imran v. State of Jharkhand
2010-05-13
D.G.R.PATNAIK
body2010
DigiLaw.ai
Order Heard counsel for the parties. 2. This revision application has been filed by the petitioner against the order dated 17.3.2010 passed by the learned CJM, Chatra whereby, the prayer for release of the vehicle seized in this case, has been rejected. 3. As it appears from the submissions, vehicle was seized consequent upon the institution of the case for the offences under Sections 279/304A IPC and is presently lying at the concerned police station. From perusal of the impugned order, it appears that the court below has rejected the prayer for release of the vehicle only on the ground that the address of the witnesses, whose names have been mentioned in the power of attorney produced by the petitioner, was passing (sic-missing?). It appears that the learned court below has not been able to rely upon the power of attorney produced by the petitioner. 4. Counsel for the petitioner explains that the vehicle is a Chasis of Tata Motors Limited and the concerned officer of the Tata Motors Limited has executed the power of attorney in favour of the petitioner for obtaining release of the vehicle. The witnesses who have been named in the power of attorney, have sworn their respective affidavits in confirmation of the fact that the power of attorney was executed in their presence. 5. Counsel for the State submits that in absence of authentic document produced by the petitioner, the prayer for release of the vehicle cannot possibly be entertained. 6. Considering the facts and circumstances, since admittedly, Tata Motors Limited is the owner of the vehicle, an application either on behalf of the owner or by the authorized Agent of the owner ought to have been filed before the court below for seeking release of the vehicle. As it appears, the document produced by the petitioner was not found reliable by the court below. Under such circumstances, the learned court below cannot be compelled to accept the document in its present form. However, the owner of the vehicle would be at liberty to file an appropriate application for release of the vehicle either in its favour or in favour of the authorized representative alongwith all relevant documents and in the event, such prayer is made, the learned court below shall consider the same and pass appropriate orders thereon. . 7. With this observation, this criminal revision application is disposed of.