Law: Criminal Procedure Code (V of 1898)

Section: 439, 561-A

  Criminal Procedure Code (V of 1898)  S. 439 read with S. 561-A--Car registered on two different num bers-Each party claiming superdari as owner on basis of registra tion number-Trial Court perusing Police and Excise & Taxation record and giving custody to respondent-Such discretion although ordinarily not interfered with yet High Court on summoning Motor Vehicle Examiner's record finding chasis and Engine Nos. registered in petitioner's name-Order set aside in circumstances. Dates of hearing : 20th and 21st November 1974.                                                                                                                         JUDGMENT The bone of contention between the parties is a motor car bearing the Engine No. 2 R-203982 and the Chasis No. RT 40-99275. The petitioner claims that this car was registered in the name of Ch. Feroz Din and given the registration No. LED/7004. According to the petitioner he purchased it from Ch. Feroz Lain, it was being used as a taxi-cab when in January 1969 it was stolen. Subsequently, it was recovered from the possession of Muhammad Yusuf respondent but at the time of the recovery the number found on its number plate was LED/7483. Muhammad Yusuf respondent claims that he purchased it from one Abdul Rashid of Daska who claimed title to the car through two intermediaries from Muhammad Hatim, the original owner. According to the respondent, the car recovered from his possession, as it bears a different registration number is not the vehicle which was allegedly stolen from the custody of Muhammad Riaz petitioner. 2. The matter is before a Magistrate. But in the course of the trial, the question of the interim custody of the car arose. The car was recovered on 18-11-1973. It was first given on Sapurdari to Muhammad Riaz peti tioner on 21-11-1973. But subsequently on an application made by Muhammad…