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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.M.NERLIKAR
AU Small Finance Bank Limited – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. complaint and initial vehicle seizure details. (Para 2) |
| 2. court's observations on vehicle ownership. (Para 3 , 6) |
| 3. arguments regarding ownership and vehicle transfer. (Para 4 , 5) |
| 4. application of the ratio in vehicle ownership cases. (Para 7 , 8) |
| 5. final decision on interim custody. (Para 9 , 10) |
M.M. NERLIKAR, J.
Heard. Rule. Rule is made returnable forthwith and by consent of the learned Counsel appearing for the parties, the matter is taken up for final disposal.
2. This Writ Petition filed under Article 227 of the Constitution of India challenging the common order dated 30.08.2022 passed below Exh.No.1 in Misc. Criminal Application Nos.64/2022 and 73/2022 passed by the Judicial Magistrate First Class, Court No.9 Amravati, and order passed on 06.03.2024 in Criminal Revision No.105/2022 by the Additional Sessions Judge, Amravati, whereby the custody of vehicle i.e. Bolero Pick-up bearing registration No. MH 30 BD 0266, was declined to be released on supratnama by both the Courts below in favour of the present petitioner. The petitioner Bank has filed a complaint alleging offence punishable under Sections 420 , 464, 468, 469 read with Section 34 of the
The registered owner's rights prevail in custody disputes, even amidst allegations of fraud, as payment installments and vehicle registration establish legitimate ownership.
The registered owner of a vehicle has the best claim for its interim custody, regardless of any payments made by another party, unless ownership is legally transferred.
Court emphasized conditions for granting interim custody of seized vehicles, citing lack of confiscation proceedings.
Special Courts under NDPS Act can consider return of property petitions, affirming ownership rights if statutory conditions are met.
Ownership rights must be acknowledged in interim custody claims of seized vehicles under the NDPS Act, especially when no charges are laid against the owner.
The duty of the court to consider all relevant applications and give an opportunity of hearing to all parties before making a decision on custody of a seized vehicle.
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