Mahindra and Mahindra Financial Services Limited v. State of Punjab
2014-01-14
SURINDER GUPTA
body2014
DigiLaw.ai
Surinder Gupta, J. Assailed in this petition is the order dated 6.6.2013 passed by the Special Court (Ad-hoc), Fast Track Court, Bathinda, dismissing the application for release of vehicle bearing registration No. PB-11-J(T) 2768 to the petitioner. Heard. 2. The vehicle bearing registration No. PB-11-J(T) 2768 was purchased by Deepak Shukla by raising loan from the petitioner. As per the case of the petitioner, the vehicle was sold to Iqbal Singh-respondent No. 4. Iqbal Singh was arrested in a case FIR No. 54 dated 22.8.2005 registered under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, at Police Station Thermal Plant, Bathinda. After trial he was convicted and sentenced and the vehicle was forfeited to the State. In appeal, Iqbal Singh was acquitted vide judgment dated 5.3.2010 passed by this Court in Criminal Appeal No. 2340-SB of 2006. 3. The petitioner company moved an application for release of the vehicle which has been declined on the ground that this vehicle belongs to Iqbal Singh and was forfeited to the State. The petitioner can resort to the arbitration clause in the agreement to recover the loan. 4. Mr. Jagjit Singh Gill, Advocate appearing on behalf of respondent No. 4 Iqbal Singh has submitted that he has no claim over the vehicle in question and has no objection if the same is released to the petitioner. 5. The police after acquittal of the accused has no claim over the vehicle. As to whether the petitioner has to resort the arbitration clause or any other mode for recovery of the loan amount is not the concern of the respondents No. 1 and 2. The vehicle is lying with the police for the last eight years. The value of the vehicle is diminishing day by day. As such, the instant petition is allowed, impugned order dated 6.6.2013 is set aside and the vehicle bearing registration No. PB-11-J(T)-2768 is ordered to be released to the petitioner on its furnishing requisite documents.