Sale Agreement Executed, Though Transfer Of Ownership Not Done: Madras HC Releases Vehicle From Judicial Remand
The Madras High Court released a vehicle from judicial remand when the petitioner had only executed a sale agreement of the said vehicle, though the transfer of ownership was not done.
The petitioner was working as a driver with a construction company where he took a tractor with a trailer for work. The petitioner filed an FIR after his trailer went missing from the parking. However, the petitioner was arrested for the same and both the tractor and the trailer were seized by the police and remanded in judicial custody.
The petitioner’s petition was dismissed on the ground that he was not the owner of the vehicle. The petitioner then filed a criminal revision under Section 397 read with Section 401 of the Cr.P.C. to set aside the order of the Magistrate and sought direction to hand over the seized tractor.
A Single Bench of Justice P. Vadamalai observed, “The petitioner firmly submitted that he purchased the tractor TN 69 W 0689 from its original owner Perumal and to substantiate the same he produced copy of sale agreement, through which he took delivery of tractor on 15.05.2021. There is no dispute regarding the sale agreement. Moreover, the tractor TN 69 W 0689 was seized by the respondent police and the same was remanded before the learned Judicial Magistrate under RPR.No. 334/2022.”
Advocate R. Karunanithi represented the petitioner, while Govt. Advocate K. Sanjay Gandhi appeared for the respondent.
The petitioner had argued that he purchased the tractor from its original owner and had produced a copy of the sale agreement to substantiate the same. The petitioner also sought interim custody of the vehicle arguing that his vehicle was in an open place without any protection and thereby his vehicle would get ruined by sun and rain.
The Court allowed the return of the tractor to the petitioner on interim custody subject to various conditions.
The petitioner was directed to transfer the ownership of the tractor in his name and to deposit the original R.C.Book of the tractor before the Magistrate.
Accordingly, the High Court allowed the criminal revision.
Cause Title: Kannan v. The State
Appearance:
Petitioner: Advocate R.Karunanithi
Respondent: G.A. K.Sanjay Gandhi
