TMI Blog1986 (11) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... hembur BMC check naka. After some enquiry at the Naka, the officers checked the contents of the truck in the presence of panchas. The truck was found to contain 49 pkgs. of contraband goods such as VCPS, video cassettes and sony audio cassettes, etc. kept concealed under the cover of 47 bags of wheat and chanas. After detailed inventory and since nobody came forward to claim the goods as well as the truck, the officers took possession of the truck as well as the goods. The documents contained in the truck were looked into and after further investigation and on coming to know that the truck in question was originally registered in the name of Shri Ram Nivas Agarwal and it was transferred in the name of Tajuddin, the present appellant, attemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck stood in the name of the appellant. There was an agreement of sale between the appellant and Karnal Singh and as per the said agreement Shri Karnal Singh was to pay the full amount. Since he had not paid the full amount, the ownership was not transferred. Miss Kolhe submitted that the appellant was in no way concerned in the carriage of the contraband goods. He has no knowledge that the truck was used for the carriage of the contraband goods. He handed over the possession of the truck to Shri Karnal Singh. Since the ownership of the truck vests with the appellant, she prayed that the truck be ordered to be released on payment of a fine in lieu of confiscation. 4. Shri Senthivel appearing for the Collector submitted that show cause noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed from the financier. Rs. 20,000/-was to be paid by the purchaser within 2 months from the date of agreement. It was specifically stated in paragraph 6 of this agreement that Vendor has ceased to have any right, title or interest of any kind or nature whatsoever in the said truck and even all the transfer papers and title as per R. T. O. Rules, originally, signed by me to the purchaser". Thus, it is clear that the present appellant had not only given possession of the truck and even given the documents required for transfer of the registration in the name of the purchaser. Just because no transfer had taken place, one cannot contend that the ownership still vests with the appellant. The documents produced by the appellant, on the other h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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