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2015 DIGILAW 253 (JHR)

Md. Rafiqul Alam @ Rafiqul Alam v. State of Jharkhand

2015-02-13

H.C.MISHRA

body2015
JUDGMENT H.C. MISHRA, J. 1. Learned counsel for the petitioner is directed to add the Superintendent of Police, Sahibganj, as also the Officer-in-Charge of Barharwa Police Station, in the district of Sahibganj, as respondents in this case. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The petitioner has filed this writ petition for appropriate writ, order or direction, commanding the respondent-State to release the truck of the petitioner, bearing Registration No. WB-65B-7166, which is kept in the premises of the Barharwa Police Station in the district of Sahibganj, without institution of any criminal case and only on the basis of Sanha entry made on 2.7.2014. 4. By order dated 9.1.2015, learned counsel for the State was directed to take instructions from the Superintendent of Police, Sahibganj, in the matter and to file a counter affidavit within the period of two weeks. Pursuant thereto, the counter affidavit has been filed by the Sub-Inspector of Police, Barharwa Police Station, wherein, it is stated inter alia that a report was called for from the District Transport Officer (DTO), Malda (West Bengal) about the ownership of the truck, whereupon, the report has been received, which shows that the truck, bearing Registration No. WB-65B-7166, bearing the same engine and chassis numbers, as mentioned in the requisition of the officer-in-charge of Barharwa Police Station to the DTO, is registered in the name of the petitioner. Ownership document issued by the Registering Authority of Malda has been brought on record, as Annexure-F to the counter affidavit. It is, however, stated in the counter affidavit that a requisition was received from the ASI of Samsherganj Police Station in the district of Mursidabad (W.B.), that one truck bearing Registration No. WB/41E/7333, bearing chassis and engine number, as detailed in the said requisition, was reported to be stolen and it was reported that the said vehicle was lying at Barharwa Police Station. The stand of the State is that on the basis of this requisition received from the Samserganj Police Station in the district of Mursidabad, the truck of the petitioner has been retained. It is also stated in the counter affidavit that the chassis number of the truck was sent to the Manager, Workshop of Tata Motors at Naraynpur, Malda, where from a report has been received, which shows that no data was found about the said chassis number. It is also stated in the counter affidavit that the chassis number of the truck was sent to the Manager, Workshop of Tata Motors at Naraynpur, Malda, where from a report has been received, which shows that no data was found about the said chassis number. The stand of the State is that the ownership of the petitioner is doubtful over the truck in question and accordingly, the same has been retained by the Officer-in-Charge of Barharwa Police Station. 5. Learned counsel for the petitioner has submitted that the truck of the petitioner has been illegally seized and kept at Barharwa Police Station, even though it was not found to be involved in any criminal activity and no criminal case has been instituted against it. It is also submitted that the necessary verifications have been made by the Officer-in-Charge of Barharwa P.S. and the report of the DTO, Malda was also called for, who has sent the report giving in detail the registration number of the truck, engine number and chassis number, which all belonged to the truck of the petitioner and it has also been reported that the petitioner is the registered owner of the truck. It is also submitted that in view of this report, there is no occasion for not releasing the vehicle in question to the petitioner. 6. Learned counsel for the State, on the other hand, has submitted that in view of requisition received from the Samserganj Police Station in the district of Mursidabad, W.B., the truck in question has been retained and a report was also called for from the Workshop of Tata Motors about the chassis number, whereupon it was reported that there was no data about the said chassis number. Learned counsel further submitted that accordingly, the ownership of the petitioner is doubtful, there being doubt about the actual chassis number of the truck in question and accordingly, in view of the requisition sent by the Semsherganj Police Station, the truck of the petitioner has been validly retained by the Officer-in-Charge, Barharwa Police Station. It is also submitted by learned counsel for the petitioner that since the requisition has been received from the Samsherganj Police Station in the State of West Bengal, on the basis of which, the truck has been retained, this Court has no jurisdiction, rather, the jurisdiction is lying with the High Court of Kolkata. 7. It is also submitted by learned counsel for the petitioner that since the requisition has been received from the Samsherganj Police Station in the State of West Bengal, on the basis of which, the truck has been retained, this Court has no jurisdiction, rather, the jurisdiction is lying with the High Court of Kolkata. 7. Having heard learned counsels for the parties and upon going through the record, I find that the Sanha entry, on the basis of which, the truck in question has been retained bears the registration number and chassis number of the truck in question and a report was also called for by the Officer in-Charge, Barharwa Police Station from the District Transport Officer, Malda (West Bengal), which is the Registering Authority of the truck in question and the Registering Authority by his report, as contained in Annexure-F, has clearly stated that the petitioner is the registered owner of the truck in question, giving details of the registration number, chassis number and engine number of the truck, which all tally with the petitioner's truck. The requisition sent by the Officer in-Charge, Barharwa Police station to the Manager, Tata Workshops, Narayanpur at Maldah, has been brought on record as Annexure-G to the counter affidavit, from which it is apparent that it was sent to a workshop and not to the main company, where the truck in question might not have been sent for any servicing and accordingly, no data/detail was received about any services done for this chassis number. The requisition, as contained in Annexure-J to the counter affidavit, which is said to be sent by ASI, Samsherganj Police Station Mursidabad to the Officer-in-Charge, Barharwa Police Station, relates to a truck having a totally different registration number, chassis number and engine number and there is nothing in this requisition to show that any request was made to retain the truck in question, which is the subject matter of this writ petition. In that view of the matter, I am of the considered view that prime facie there appears to be no valid reason for retaining the truck of the petitioner in the police station. 8. In that view of the matter, I am of the considered view that prime facie there appears to be no valid reason for retaining the truck of the petitioner in the police station. 8. Accordingly, the Superintendent of Police, Sahibganj, is directed to release the truck of the petitioner along with the materials loaded on it forthwith and in case, the Superintendent of Police is of the opinion of making further verification about the genuineness of the truck in question, in that case also, in view of the report of the Registering Authority, Maldah, which has been brought on record as Annexure-F to the counter affidavit, the truck in question shall not be retained any further but shall be released in favour of the petitioner upon taking suitable undertakings/sureties from the petitioner for production of the truck as and when so required. 9. This writ petition is accordingly, allowed with the observations and directions as above.