D.G.R.PATNAIK, J. - (1.) HEARD the counsel for the parties.
(2.) THIS revision application has been filed by the petitioner order dated 30.1.2006 passed by the learned JM, First Class, Hazaribagh, whereby prayer for release of the dumper bearing registration No. BR 13B 9171 seized in Mandu PS Case No. 111 of 2004, was rejected. Facts of the case, in brief, is that the case was registered under Section 379/411 IPC against the driver of the dumper and against the owner thereof on the allegation that the dumper was found carrying illegally mined coal. On seizure of the vehicle the petitioner filed his appearance before the court below claiming ownership of the vehicle and praying for its release in his favour, but the court below rejected the prayer on the ground that the ownership document of the vehicle does not stand in the name of the petitioner. Rather the vehicle was in the name of the opposite party No. 2, Tilak Raj Mewar.
(3.) LEANED counsel submits that the court below erred in refusing the prayer of the petitioner without considering the fact that though the petitioner is not registered owner of the vehicle, but the person in whose name the vehicle was registered had also appeared before the court below and filed an affidavit explaining that he had sold the vehicle to the petitioner on hire purchase and delivered the possession of the vehicle to the petitioner for commercial use and therefore he has no objection if the vehicle is released in favour of the petitioner.;