Sections 456 & 457 Cr PC – Interim Possession of Vehicle
SC – Registration of the vehicle is a relevant factor for custody of the vehicle but it is evidentiary and not conclusive of entitlement possession.
Another circumstance weighing in the favour of the respondent company is the undisputed fact that the hypothecation instalments payable to Shriram Finance Ltd. towards the loan availed for the subject vehicles have admittedly been discharged from the account of the respondent company, and not by the appellant in his individual capacity. If the vehicles were, as claimed, the personal property of the appellant, there is no explanation forthcoming as to why the financial burden of servicing the loan secured over them was borne by the respondent company. This circumstance, taken with the appellant’s own undertaking permitting the respondent company to retain and operate the vehicles until settlement of accounts, considerably weakens the appellant’s claim of exclusive individual entitlement and lends credence to the respondents’ case of continued beneficial use and control.
Judgment dated of the
SC – Registration of the vehicle is a relevant factor for custody of the vehicle but it is evidentiary and not conclusive of entitlement possession.
Another circumstance weighing in the favour of the respondent company is the undisputed fact that the hypothecation instalments payable to Shriram Finance Ltd. towards the loan availed for the subject vehicles have admittedly been discharged from the account of the respondent company, and not by the appellant in his individual capacity. If the vehicles were, as claimed, the personal property of the appellant, there is no explanation forthcoming as to why the financial burden of servicing the loan secured over them was borne by the respondent company. This circumstance, taken with the appellant’s own undertaking permitting the respondent company to retain and operate the vehicles until settlement of accounts, considerably weakens the appellant’s claim of exclusive individual entitlement and lends credence to the respondents’ case of continued beneficial use and control.
Judgment dated of the Supreme Court in SLP (Criminal) Nos.19205-06 of 2025 of Krishnan Narayana Vs. State of Andhra Pradesh and others
SC – Registration of the vehicle is a relevant factor for custody of the vehicle but it is evidentiary and not conclusive of entitlement possession.
Another circumstance weighing in the favour of the respondent company is the undisputed fact that the hypothecation instalments payable to Shriram Finance Ltd. towards the loan availed for the subject vehicles have admittedly been discharged from the account of the respondent company, and not by the appellant in his individual capacity. If the vehicles were, as claimed, the personal property of the appellant, there is no explanation forthcoming as to why the financial burden of servicing the loan secured over them was borne by the respondent company. This circumstance, taken with the appellant’s own undertaking permitting the respondent company to retain and operate the vehicles until settlement of accounts, considerably weakens the appellant’s claim of exclusive individual entitlement and lends credence to the respondents’ case of continued beneficial use and control.
Judgment dated of the Supreme Court in SLP (Criminal) Nos.19205-06 of 2025 of Krishnan Narayana Vs. State of Andhra Pradesh and others
SC – Registration of the vehicle is a relevant factor for custody of the vehicle but it is evidentiary and not conclusive of entitlement possession.
Another circumstance weighing in the favour of the respondent company is the undisputed fact that the hypothecation instalments payable to Shriram Finance Ltd. towards the loan availed for the subject vehicles have admittedly been discharged from the account of the respondent company, and not by the appellant in his individual capacity. If the vehicles were, as claimed, the personal property of the appellant, there is no explanation forthcoming as to why the financial burden of servicing the loan secured over them was borne by the respondent company. This circumstance, taken with the appellant’s own undertaking permitting the respondent company to retain and operate the vehicles until settlement of accounts, considerably weakens the appellant’s claim of exclusive individual entitlement and lends credence to the respondents’ case of continued beneficial use and control.
Judgment dated of the Supreme Court in SLP (Criminal) Nos.19205-06 of 2025 of Krishnan Narayana Vs. State of Andhra Pradesh and others
SC – Registration of the vehicle is a relevant factor for custody of the vehicle but it is evidentiary and not conclusive of entitlement possession.
Another circumstance weighing in the favour of the respondent company is the undisputed fact that the hypothecation instalments payable to Shriram Finance Ltd. towards the loan availed for the subject vehicles have admittedly been discharged from the account of the respondent company, and not by the appellant in his individual capacity. If the vehicles were, as claimed, the personal property of the appellant, there is no explanation forthcoming as to why the financial burden of servicing the loan secured over them was borne by the respondent company. This circumstance, taken with the appellant’s own undertaking permitting the respondent company to retain and operate the vehicles until settlement of accounts, considerably weakens the appellant’s claim of exclusive individual entitlement and lends credence to the respondents’ case of continued beneficial use and control.
Judgment dated of the Supreme Court in SLP (Criminal) Nos.19205-06 of 2025 of Krishnan Narayana Vs. State of Andhra Pradesh and others
SC – Registration of the vehicle is a relevant factor for custody of the vehicle but it is evidentiary and not conclusive of entitlement possession.
Another circumstance weighing in the favour of the respondent company is the undisputed fact that the hypothecation instalments payable to Shriram Finance Ltd. towards the loan availed for the subject vehicles have admittedly been discharged from the account of the respondent company, and not by the appellant in his individual capacity. If the vehicles were, as claimed, the personal property of the appellant, there is no explanation forthcoming as to why the financial burden of servicing the loan secured over them was borne by the respondent company. This circumstance, taken with the appellant’s own undertaking permitting the respondent company to retain and operate the vehicles until settlement of accounts, considerably weakens the appellant’s claim of exclusive individual entitlement and lends credence to the respondents’ case of continued beneficial use and control.
Judgment dated of the Supreme Court in SLP (Criminal) Nos.19205-06 of 2025 of Krishnan Narayana Vs. State of Andhra Pradesh and others
SC – Registration of the vehicle is a relevant factor for custody of the vehicle but it is evidentiary and not conclusive of entitlement possession.
Another circumstance weighing in the favour of the respondent company is the undisputed fact that the hypothecation instalments payable to Shriram Finance Ltd. towards the loan availed for the subject vehicles have admittedly been discharged from the account of the respondent company, and not by the appellant in his individual capacity. If the vehicles were, as claimed, the personal property of the appellant, there is no explanation forthcoming as to why the financial burden of servicing the loan secured over them was borne by the respondent company. This circumstance, taken with the appellant’s own undertaking permitting the respondent company to retain and operate the vehicles until settlement of accounts, considerably weakens the appellant’s claim of exclusive individual entitlement and lends credence to the respondents’ case of continued beneficial use and control.
Judgment dated of the Supreme Court in SLP (Criminal) Nos.19205-06 of 2025 of Krishnan Narayana Vs. State of Andhra Pradesh and others
Supreme Court in SLP (Criminal) Nos.19205-06 of 2025 of Krishnan Narayana Vs. State of Andhra Pradesh and others
