Kulwant Singh Tiwana, J. - (1.) Balwinder Singh petitioner, according to the case of the prosecution, was arrested while carrying 5 kilograms and 500 grams of opium on motor cycle bearing Registration No. PNC-3928. The police took the petitioner as well as the motor cycle into custody. He is standing trial before the Judicial Magistrate 1st Class, Malerkotla. The petitioner applied for the release of the motor cycle on Sapurdari in his favour during the pendency of the case against him. The learned trial Magistrate rejected his application only on the ground that motor cycle is to be produced in court as the case property. The revision of the petitioner before the learned Sessions Judge, Sangrur also did not succeed and was dismissed on the same ground. The present petition under section 482 of the Code of Criminal Procedure, 2973, has been filed by the petitioner for the quashing of the orders of the Subordinate Courts.
(2.) It is no doubt true that in case the offence against the petitioner is proved and the Court is satisfied that the motor cycle was being used as a means for transporting opium, it can be confiscated. The only question is regarding the interim custody of this vehicle. Normally, there are no appropriate garraging arrangements for the motor vehicles so taken into possession by the police in the Malkhanas of the Courts. There is a possibility of the misuse of the vehicle by certain persons. By continuous unuse the machinery can also deteriorate. Taking into consideration these circumstances and the reasoning on which Deo Dutta Sharma Vs. Manohar Lal, 1974 Chandigarh L.R. 198 . was decided, this petition requires to be accepted. The orders of the subordinate Courts refusing the prayer of the petitioner are hereby quashed and it is directed that the motor cycle bearing Registration No. PNC-3928 be given to the petitioner on Sapurdari on checking his ownership, insurance papers etc. during the pendency of the case, provided he furnishes surety and personal bonds in the amount of Rs. 10,000.00 to the satisfaction of the trial Court. The petitioner shall bind himself to produce the motor cycle on every date of hearing. Petition allowed.;