9911796707
TMI Blog2011 (1) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of motion was ordered on 09.10.2009. On notice from this court, the first respondent has filed a counter affidavit, dated 6.11.2009. 3.The case of the petitioner was that the second respondent had purchased the vehicle after availing loan from the petitioner Company on 24.12.2007 on Hire Purchase basis. He has to pay 47 monthly installments commencing from 22.01.2008 ending on 22.11.2011. The vehicle was also hypothecated with the petitioner company which finds place in the certificate of register. Under Clause 2.9(a) of the loan agreement, the second respondent undertook to pay the amount in installments as per the agreement. The default clause provides surrender of vehicle. The second respondent had defaulted from the fifth ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited, an Exporter, Custom House Agent as well as transporters of consignment. They had consciously devised the entire modus operandi to illegally export the red sanders wooden logs, which is a prohibitory item of Customs. Therefore, under Section 115(2) of the Customs Act, any conveyance as means of transport in the smuggling of any goods is liable for confiscation. Hence a show cause notice under Section 124 of the Customs Act was issued. 6.It was also claimed that the Act itself provides for a remedy by way of provisional release of seized vehicle under Section 110(A) of the Customs Act to the owner on fulfilling conditions imposed by the adjudicating authority by providing proper security and submitting a bond to the satisfaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused, owner, or the insurance company or by a third person, then such vehicle may be ordered to be auctioned by the court. If the said vehicle is insured with the insurance company then the insurance company be informed by the court to take possession of the vehicle which is not claimed by the owner or a third person. If the insurance company fails to take possession, the vehicles may be sold as per the direction of the court. The court would pass such order within a period of six months from the date of production of the said vehicle before the court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared." 8.He also rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncer being the owner would be liable to pay damages for the motor accident." 9.Per contra, the first respondent drew the attention of the court a judgment of the Supreme Court in Ganga Hire Purchase Pvt. Ltd. Vs. State of Punjab reported in 2000 (121) ELT 9 (SC) and relied upon the following passage which reads as follows: "... title to the vehicle taken under hire-purchase agreement no doubt still with the financier till the entire hire-purchase amount is paid back but looking to the purpose of section 60(3) of N.D.P.S. Act, 1985 to have it as a deterrent measure to check offence under the Act and in the absence of any definition of "OWNER" in the Act, the expression owner must be held to mean the "registered owner" of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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