Release of property

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved
Hello
I have a query and it goes like this:
There is a motorcycle owned by X, X is presently working abroad, this bike was used by Y (father of X)during this time this bike was stolen and subsequently recovered. No body arrested. Mr. Y filed for release of Motorcycle, police say (basically no objection for release),application dismissed as Mr. Y is not the owner of bike. Mr. X is not like to come back soon,if the property remains with police it will be scrap within a month or less. Complaint filed by Y. Application also filed by Y.
Is there any way to release the bike?
Can a possessor of the bike release the same? (Original RC book in possession of Y).
If yes please send me some decisions. thanks.

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Arvind Singh Chauhan (Expert) 25 December 2010
Try these judgments-

Where vehicle seized by police – it’s custody may be granted to a person from whom it was seized- Cr.L.J.-1998-KER-1927

Duty of magistrate to release to person entitled to law full possession, though not registered owner- ORISSA-Cr.L.J.-1988(1)-56.

Otherwise X may give power of attorney to Y to release the vehicle.