Decided on September 18,2019

Wahida Respondents


M.V.MURALIDARAN,J. - (1.) Heard Mr. H. Samarjit, learned Public Prosecutor appears for the petitioner and Mr. M.I. Sharma, learned counsel appears for the respondent.
(2.) On 31.05.2018 at 3.00 pm the complainant namely Sub Inspector Th. Joy Martin of Kakching P.S. lodged a written report to the OC. Kakching P.S. stating that on 14.5.2018 cordon and search operation was conducted at Sora area by a joint team of Kakching Police Station and CDO/TBL. Kakching District led by Dy.S.P. (Ops) Y Premjit Singh. During the search operation, two suspected stolen Creta Cars bearing Regd. No. MNO7D 3449 and MNO7D 2530 were picked up and brought to Kakching P.S. for investigation. On verification, it was found that the vehicle registration certificates issued by District Transport Officer, Ukhrul of (i) Creta bearing Regd. No. MNO7D 3449, Engine No.d4fbem107688 Chasis No MALC381 UIMEM027251 the ownership stands in the name of one Wahida W/o Md. Zaheruddin of Sora Makha Leikai. On examination the said Miss Wahida stated that her husband bought the vehicle from one Md. Feroz of Poubitek, Thoubal District on payment of Rs.12,00,000/- in cash. However, she was not able to produce any relevant documents of the vehicle other than the R.C. Book and (ii) Creta bearing Reg. No. MN07D 2530 engine No. 04FBGM916481 Chassis No. MALC381ULGM978414 the ownership stands in the name of one Thangkholet Haokip, S/o (L) Jamkhomang Haokip of Mulam Village, P.O. & P.S. Litan, Ukhrul District and present owner M.V. Sikandar Ali, S/o Md. Tayeb Ali of Sora Awang Leikai, he stated that the vehicle was bought from one Thangkholet Haokip S/o (L) Jamkhomang Haokip of Mulam Village P.O & P.S. Litan, District Ukhrul by executing a sale deed on payment of Rs.8,50,000/- in cash. However, he failed to produce any relevant documents other than one fake sale deed and RC Book of the vehicle. Accordingly on 22.5.2018, a W/T message was sent to DTO Ukhrul for the genuiness of the aforementioned vehicles, but no response from DTO Ukhrul has been received till date. Further, another W/T message was sent to O.C. Litan P.S. on the same day to verify whether the vehicle No.2 Creta bearing Regd. No. MNO7D 2530 was sold by Thangkholet Haokip S/o (L) Jamkhomang Haokip of Mulam Village to the present owner M.V. Sikandar Ali S/o Md. Tayeb Ali of Sora Awang Leikai. On 25.5.2018 a W/T message was received from O.C. Litan P.S. to the effect that Mr. Thangkholet Haokip, S/o (L) Jamkhomang Haokip of Mulam Village had not sold Creta vehicle to any person neither did he own any Creta vehicle. On further inquiry there is reasonable ground to suspect that the Chassis Nos. and Engine Nos of the above mentioned vehicle was tampered and registered in the Office of District Transport Officer, Ukhrul, Manipur with false documents by unknown persons. i. The sale deed of the involved vehicle is a bogus/fabricated one. ii. The witness namely Y.Iboyaima Singh, Principal, Kakching Khunou College appearing in the sale deed is a non existent person as verified from the College authorities. No one by the name of Y. Iboyaima Singh served as Principal of the said Kakching Khunou College. As verified from the concerned college authorities it is established that in fact one Smt. Mayanglambam Sharda Devi was serving as Principal of the said Kakching Khunou college during the relevant period (2015-2018). iii. While applying for registration of the vehicle for registration Wahida had also submitted a document dated 22.7.2017 purportedly issued by the State crime Records Bureau, Meghalaya, Shillong. The said document should in fact be an Inter state Police Report to be furnished on enquiry by concerned State Police. iv. Upon investigation by the authorities it has been confirmed by E-mail from Howrah RTO that WB 11G 8597 which is indicated in the Smart Card does not exist in the database of RTO Howrah. v. A discrepancy is also visible in that it is stated in the Zima petition that the vehicle was brought at Rs.12,00000/- whereas in the sale deed it is reflected that the vehicle was sold for Rs.4,10,000/-. vi. The Officer in charge, Kakching PS was issued a legal Notice dated 1.4.2019 annexing an order purportedly issued by the Chief Judicial Magistrate Thoubal dated 23.1.2019 passed in Cril. Misc (Z) Case No.338 of 2018. The said order of the CJM is dated 23.1.2019 along with an order dated 22.11.2018 where in it is reflected that the petitioner/Zimandar had furnished necessary bonds for releasing the vehicle. vii. For that the Chassis and Engine number of the involved vehicle is suspected to have been tampered as revealed from FSL report and assignment of new Registration number to the said vehicle by DTO Ukhrul was done on the basis of false and fabricated documents. The case needs further investigation and releasing the vehicle on Zima at this stage without first determining the true and lawful owner will be miscarriage of justice. OBJECTION RAISED BY THE RESPONDENT
(3.) That the order is interim custody as such bar by Sec.397 (2) Cr.P.C. i.e. Interlocutory order besides, the Custody/Zima of the said property to the respondent/petitioner is to protect and preserve during the investigation or trial and as such, custody to the Claimant/petitioner (herein as respondent) is in fact custody of the property by the Respondent/Petitioner on behalf of the Court.;

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