Annexure A9 order rejecting the petitioner's application for interim custody of a vehicle under Section 451 of the Code of Criminal Procedure is under challenge in this proceeding. The petitioner claims to be the owner of the vehicle, and it is submitted that he has already applied for re-registration before the Registering Authority. His case is that he purchased the vehicle from a native of Jallon in the State of Utter Pradesh. He has already obtained no objection certificate from the concerned RTO and has made application before the Registering Authority here. The correct number of the vehicle is UTK 8062. But when the police seized the vehicle in connection with a crime, where the petitioner is involved as accused, the registration number was seen as TCK 4418. Finding some suspicion regarding registration number the learned Magistrate disallowed the application.
2. On hearing both sides, I find that the petitioner will have to produce necessary materials before the learned Magistrate explaining the change in registration number. It is submitted by the learned Public Prosecutor that investigation is practically over. In Crl.M.C No.5252 of 2014 2 such a situation, the vehicle can be released to the petitioner if he has right to possess the vehicle under Registration Certificate or any other document. He will have to produce necessary materials before the learned Magistrate, explaining change in registration number. He will have to explain properly how the number happened to be changed, or in what circumstance the police found the number TCK 4418 on the vehicle. If necessary materials are produced before the learned Magistrate, and if it is also found that he has right to possess the vehicle, and also that he has made application for re-registration, the vehicle can be released on appropriate conditions by the learned Magistrate.
In the result, this Criminal Miscellaneous Case is closed with observation that the petitioner can make application before the learned Magistrate again with necessary materials as indicated above. The application so made, after investigation is practically over, will have to be dealt with and decided by the learned Magistrate, and appropriate orders will have to be passed.
P.UBAID JUDGE ab