- (1.) D. C. Srivastava, J. Heard learned counsel for the petitioner and the learned A. G. A.
(2.) THIS is a petition under Section 482 of the Code of Criminal Proce dure for quashing the order, dated 2nd September, 1982 passed by the learned Special Judge, Kanpur Dehat. The brief facts are that a dacoity was committed in the night of 27/28th June, 1982. It is said that the dacoits went in a Matador Van No, URB 8081. This vehicle was subsequently, on the information furnished by one of the accused, seized. Since then it was lying in the premises of the police station, as a material piece of evidence for the dacoity case. The peti tioner claiming himself to be the owner of this vehicle and alleging that he was not at all connected with the aforesaid dacoity and murder, he was entitled to get the release of the vehicle in his favour. This request was turned down by the learned Special Judge by observing that the vehicle was a material piece of evidence, hence it could not be released in favour of the applicant. This was not the only consideration upon which the application of the applicant could be refused. If the deceits went in a vehicle, it was hardly a material piece of evidence of this nature, which require police custody. On the other hand the proper questions to be considered by the learned Special Judge were whether the applicant was registered owner of the vehicle and secondly whether in the circumstances of the case he was entitled to custody and possession of the vehicle. There is no mention in the impugned order that any other person appeared before the learned Special Judge claiming himself to be registered owner of the vehicle or claiming to be entitled to possession of the vehicle. As such there was no difficulty before the learned Special Judge in releasing the vehicle in favour of the applicant imposing conditions for the release of the vehicle. However, it may be mentioned that this Court by the interim order, dated 4th December, 1982 directed interim release of the vehicle in favour of the petitioner on his furnishing a personal bond in the sum of Rs. 20,000 and two sureties, each in the like amount to the satisfaction of Special Judge, Kanpur Dehat with further direction that the applicant shall under take to regularly produce the vehicle in court on every date when the case is listed for trial before the learned Special Judge. These directions would be considered while disposing of this petition. There is other request from the side of the State that a direction be given to the applicant not to change the colour and appearance of the vehicle and also not to dispose of the vehicle during the pendency of the trial. This prayer can also be accepted.
(3.) IN the result the petition succeeds and is allowed. The order dated 2nd September, 1982 is set aside. Matador Van No. URB 8081 shall be releas ed finally in favour of the petitioner on his furnishing a personal bond in the sum of Rs. 20,000 and two sureties in the like amount to the satisfaction of Special Judge, Kanpur Dehat. The petitioner shall not, during the pendency of that trial, change or alter the colour and appearance of the vehicle and shall not transfer in any way to any other person, the aforesaid vehicle and shall produce the same before the concerned court as and when directed by the court concerned to do so. Petition allowed. .;