MRS.MOHINI KAPOOR, J. - (1.) THIS petition relatee to the custody of a truck Number RRQ 3396. The Addl. Chief Judicial Magistrate, Balotra has directed that the truck be handed over to the non -petitioner No. 2, Satya Narayan, who is the registered owner of the truck and in whose favour the permit of the truck been issued.
(2.) THIS decision of the Addl. Chief Judicial Magistrate dated 18th Feb., 1988 has been challenged by the petitioner who claims that he was in possession of the truck when it was seized by the police in a case of that in which Umrao Dan and Hinglazdan are the accused. It is an admitted position that the registered owner of the truck is Statya Narain, non -petitioner No. 2 and on 25th July, 1986, he had entered into an agreement with the petitioner to sell the truck for a sum of Rs., 1,30,000/ - and Rs. 50,000/ - was paid at that time and the remaining amount was to be paid in instalments. Documents of the truck were handed over to the petitioners.
(3.) THE petitioner's contention is that, be has paid Rs 1,30,551/ - from time to time but this faat is disputed by non -petitioner No. 2, who has admitted receipt of two instalments only and the remaining receipts are said to be forged.;