Honble SAXENA, J.–This petition filed under section 482 Cr.P.C. has been directed against the judgment dated 18.1.1995 passed by the learned Sessions Judge, Jaisalmer, whereby he allowed the appeal filed by non-petitioner Laxmi Chand, set aside the order dated 1.12.1994 passed by the learned Chief Judicial Magistrate, Jaisalmer and directed that Truck No. RJ-15 G 0093 be taken from the possession of petitioner Benidan and his driver Inder Singh and the same be handed over to non-petitioner Laxmichand.

(2). Stated in succinct, the necessary facts for disposal of this petition are that on 22.6.93 the S.H.O., Police Station, Jaisalmer checked truck No. RJ 15 G 0093, which was being driven by Inder Singh, the driver of petitioner Beni Dan. The said driver did not possess the registration certificate, insurance certificate and any other documents pertaining to the said truck. The S.H.O. seized the said truck under section 207 Motor Vehicles Act. On 23.6.94, he submitted a criminal complaint against petitioner Benidan, as the alleged owner of the said truck and Inder Singh, driver in the court of learned Munsif and Judicial Magistrate, Jaisalmer. The case was transferred to the court of l

Click Here to Read the rest of this document