JUDGEMENT
R.N. Aggarwal,J. -
(1.)The facts and circumstances giving rise to this petition for revision are : Ambassador car No. DLK 6717 model 1963 belonging to P.R. Mehra was stolen from the parking bay of Paras cinema on 22nd January, 1972. Shri Mehra lodged a report at the P.S. Kalkaji which was registered under P.I.R. No. 55 dated 22nd January, 1972 under section 379 IPC. The report was filed as untraced. The said car was insured with the National Employers Mutual General Insurance Association Limited. The insurance company paid the claim of Shri Mehra for the loss of the car.
(2.)On 25th July, 1972, Nazir Ahmad accused was arrested. On information given by Nazir Ahmad, Ambassador car bearing registration No. MHN 1523 was seized from Nasib Singh from Kashmir, Dist. Nainital. The investigation revtaled that Nazir Ahmad had sold the car MHN 1523 to Jai Bhagwan who further sold it to Prem Sagar who in turn had sold it to Nasib Singh on 23rd June, 1972 for Rs. 16,000.00 . The certificate of registration of the car MHN 1523 was seized from Nasib Singh. On an enquiry from the Regional Transport Office, Nagpur it was found that vehicle No. MHN 1523 was purchased by the registered owner Duli Ram and the said registration number was of a tractor and not of a car. On an examination of the Ambassador car in question, it was found that its chasis number and engine number had been tempered with. The chasis number of the Ambassador car DLK 6717 was III 125969. On resusciation, the officer-in-Charge of the Photo and Scientific section, C.I.D., Crime Branch, Delhi found that the No. 425989 found embossed on MHN 1523 was in fact 111-125269.
(3.)The insurance company made an application to Shri K.B. Andley, Addl. Chief Judicial Magistrate, for handing over the custody of the car to it on supardari Shri K B. Andley passed an order that the car be given on supardari to the in surance company. Against the order of Shri Andley, Nasib Singh went in revision to the Sessions Judge. The revision was heard by Shri N. C. Kochhar, Addl. Sessions Judge. Shri Kochhar following A.I.R. 1952 Allahabad 4701 held that a person from whose possession the property v as seized and who is not found to have committed any offence such as would render his possession unlawful, is the person entitled to the possession of the property. Shri Kochhar has accordingly made a recommendation to the High Court that the order of Shri Andley be set aside and the car in question be given to Nasib Singh on his executing the supardari nama in the sum of Rs. 20,000.
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