Poonam Srivastava, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application has been filed for release of the Compressor Machine which was taken into custody by the police after the applicant was involved in case crime No. 118 of 2005, under Section 4/5 Explosive Substances Act, Police Station Padari, District Mirzapur. After the applicant was taken into custody, he was released on bail. An application was moved before the Magistrate for release of the Tractor which was taken along with Compressor Machine. The tractor has already been released in favour of the applicant, The application for release of the Compressor Machine was rejected vide order dated 25.4.2005, which was challenged in Revision No. 78 of 2005. The revision was dismissed on 7.7.2005. The two orders have been challenged in this application. The sale letter has been annexed as Annexure-2 to the affidavit, which shows that the compressor machine was purchased from one Mangal Prasad Gupta for a consideration of Rs. 65,000/- on 3.7.2004. Admittedly, the compressor machine was taken into custody along with tractor. The tractor stands released but the release of the compressor machine has been refused on the ground that ownership of Sri Mangal Prasad Gupta, from whom the applicant had purchased the compressor machine, had not be substantiated by any documentary proof or receipt etc. The objection of the learned A.G.A. is that the compressor machine is a case property.
(3.) I have taken the entire facts and circumstances of the case in to consideration, the Code provides in Section 451 or disposal of property Section 451 Cr. P.C. is quoted below:" Order for custody and disposal of property pending trial in certain cases:-When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of;