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1987 Supreme(Raj) 865

V.S.DAVE
Deewan Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Jagdeep Dhankar, Advocate.
For the State: Mr. S.C. Sharma, Public Prosecutor.

JUDGMENT

1. 1. This is an application under Section 482 Cr. PC in an application under Section 451, Cr. PC rejected by the Chief Judicial Magistrate, Bharatpur.

2. Brief facts are that a truck bearing Registration No. UHL 9497 registered in the name of the petitioner was seized by the police station Kotwali, Bharatpur in a case under Sections 420, 467 & 468, Indian Penal Code and bearing First Information Report No. 210/1987. The petitioner moved an application for interim custody of the truck which has been refused. In fact the petitioner himself is an accused in the case as the said truck has been found having different Registration number at the time of seizure and there was tampering of the engine chesis number. The learned Chief Judicial Magistrate by a detailed order considered all the circumstances and the law and rejected the application. Since he was of the opinion that in a case where number plate and engine Plate have been changed and the vehicle is required for identification in the court, there are charges of tampering with the evidence. In my opinion the reasoning given by the Chief Judicial Magistrate for refusing the application are quite sound. I would not have inte












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