Ashif Iquebal vs The State Of West Bengal & Ors
2023 Latest Caselaw 3144 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                           CRR 1034 of 2022

                             Ashif Iquebal
                                 Vs.
                      The State of West Bengal & Ors.


Mr. Sabir Ahmed
Mr. Sobhan Majumder
Mr. Partha Chatterjee
                 ..for the petitioner

Mr. Malay Bhattacharyya
Mr. Subhrojyoti Ghosh
           ..for the O.P. No.3

Item No.01

Heard & Judgment on:          02.05.2023


Bibek Chaudhuri, J.

One Moidul Molla purchased a vehicle (truck) financed by

Sumdaram Finance Limited. As the said Moidul Molla failed to pay

E.M.I., the vehicle was seized and subsequently it was placed in

auction. One Sunil Mondal purchased the said vehicle through auction.

After purchasing the vehicle he permitted Tushar Mondal to ply the

vehicle.

It is the case of the opposite party/Tushar Mondal that he is the

registered owner of the vehicle and the registration of the vehicle was

made in his name at Barasat, R.T.O. Subsequently, Sunil Mondal

purchased the said vehicle through Tushar Mondal. It is the case of

the opposite party that Sunil Mondal obtained the signature on certain

documents in respect of the vehicle of Tushar Mondal under duress or

coercion which the learned advocate for the petitioner has vehemently

objected. However, it is a fact that Sunil Mondal's name was

registered at Regional Transport Officer, Darjeeling in respect of the

vehicle in question. The Investing Officer obtained report from the

Regional Transport Officer, Darjeeeling and he clearly submitted a

report through the transferor, Tushar and transferee Sunil Mondal had

prayed for transfer of ownership of the said vehicle along with

requisite fees and under rule 52(3) of the WBMV Rules, 1989 and

Form 29, 30 and 30(ii) were executed by Tushar Mondal and it was

duly identified by Tushar Mondal himself. He also filed his Aadhaar

Card, Electoral I.D. etc. for the purpose of proving his identity. The

report of the Regional Transport Officer, Darjeeling was not taken into

consideration by the learned Additional Chief Judicial Magistrate,

Bishnupur in the impugned order dated 8 th February, 2022. It is also

noted that at present the name of the petitioner is recorded as the

registered owner in the official record.

Under such circumstances, I set aside the order dated 8 th

February, 2022 and directed the learned A.C.J.M. to revisit the

application filed by the parties considering all the documents in

accordance with the law and pass a reasoned order in respect of

return of the seized vehicle specially when the vehicle is claimed by

two contesting persons.

With the above order the instant revision is disposed of.

The application shall be disposed of within a fortnight from the

date of passing of the order. Till disposal of the application the vehicle

will remain in possession of Tushar Mondal.

(Bibek Chaudhuri, J.)