M.C. Jain, J. - (1.)Heard learned counsel for the petitioner and the learned Public Prosecutor, for the State.
(2.)The vehicle in question has been ordered to be given to the petitioners on bis furnishing a superdginama for a sum of Rs.70,000(rupees seventy thousand). A further condition has been imposed, by the learned Magistrate on the delivery of the vehicle for the petitioner that he will submit lax clearance receipt and certificate of insurance etc.
(3.)According to the petitioner an agreement to sell was entered into by him with one Panney Singh on 31.10.1982 and since then the vehicle was in his possession. It may be that Panney Singh may have deposited tax, but his relations with him are strained, so it is not possible for him to obtain the receipt from Panney Singh. According to the petitioner, so far as the petitioner is concerned, it has not to be seen by it as to whether the tax has been paid or not and whether the vehicle is insured or not. In case the vehicle is plied the transport authority will look into it. When the petitioner has been found to be rightful person to obtain delivery of the vehicle, then the vehicle should be released to the petitioner on superdginama. On behalf of the petitioner it is urged that the petitioner shall not ply the vehicle, after delivery of the vehicle to him, unless the requirements of law are satisfied by him.