M.Mnrtaza Husain, J. - (1.) BACHHRAWSAN police of the District of Rae Bareli seized motor cycle No. D. L. S. 3953 )Bullet 3 horse power) in connection with a case under the U. P. Excise Act. It is said that 50 bottles of illicit liquor were loaded upon that motor cycle. The applicant claims to be the owner of that motor cycle. He requested the Magistrate concerned to release the motor cycle in his favour on proper terms as the seizure had already been reported to the Magistrate concerned and the trial of the case had not commenced. He also pleaded that the motor cycle was lying in open in the premises of police station and was likely to be damaged beyond repairs if it was not delivered to the applicant. His prayer was rejected by the learned Magistrate. The revision filed before the Sessions Judge was also dismissed.
(2.) THIS petition is obviously one under section 482 CrPC though due to oversight it was admitted as a revision. The learned Government Advocate is not in a position to verify whether or not the motor cycle in question belongs to the applicant. Learned counsel for the applicant says that there is no controversy about his ownership of the motor cycle and registration papers etc. exist in his name. It is not disputed before me that the trial of the case is likely to take some time and if proper orders for the custody of motor cycle in question are not made, it is likely to be damaged. Ends of justice demand that it should remain in the custody of prima facie owner on such terms and conditions regarding its production in court when needed, which are considered proper by the Court concerned. I am, therefore, of the opinion that the order of the court below refusing delivery of the motor cycle to the applicant on the ground that its production will be necessary during trial amounts to miscarriage of justice. This petition is consequently allowed. The Magistrate concerned is directed to see the registration papers standing in the name of the applicant. If they so stand, and prima facie show his ownership of the motor cycle in question, the same shall be delivered to the applicant by the learned Magistrate after talcing necessary security from him for production of motor cycle in court as and when required, either during the proceeding of the case under the Excise Act, or for passing necessary orders at the conclusion of the trial.
(3.) COMMUNICATE this order to the Magistrate concerned immediately. A copy of this order shall be given to the applicant's counsel by tomorrow on payment of requisite charges. Application allowed.;