Auction purchase of confiscated vehicle permits direct transfer; prior registration in the Customs Department's name is not required.

Rule 57 governs transfer of ownership of vehicles purchased in public auction, including confiscated vehicles sold by the Customs Department. Rule 47 applies to ordinary registration on taking delivery and does not govern such auction purchases. Where the vehicle already has a registration mark, the purchaser applies in Form 32 with prescribed documents; where it has no registration mark or a false one, the registering authority must assign a new registration mark in the name of the auctioning Government department and then record transfer in favour of the purchaser. The Rules do not require a separate prior registration in the department's name before transfer to the buyer.

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Issues: Whether, on purchase of a confiscated vehicle in a public auction, the registering authority could insist that the purchaser first get the vehicle registered in the name of the Customs Department and thereafter seek transfer in his favour, or whether Rule 57 permitted direct assignment of a new registration mark and transfer on the purchaser's application.

Analysis: Rule 47 governs ordinary registration of a motor vehicle on taking delivery and requires, among other things, a sale certificate and other supporting documents. It was held to have no application to vehicles confiscated by the Customs Department and sold in auction. Rule 57 specifically governs transfer of ownership of vehicles purchased in public auction. For a vehicle already registered, the application is to be made in Form 32 with the prescribed documents. For a vehicle without any registration mark, or with a false registration mark, the registering authority is required to assign a new registration mark in the name of the auctioning Government department and then record the transfer of ownership in favour of the purchaser. The rules do not require a separate application first by the department and then by the purchaser.

Conclusion: The insistence on prior registration in the name of the Customs Department was unlawful and not contemplated by the Rules. The authority was bound to assign a new registration mark in the name of the Customs Department and effect transfer in the petitioner's favour, subject to completion of other formalities.

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