K.S.GAREWAL, J. - (1.) INDIAN Airlines is the owner of the aircraft which was hijacked on December 24, 1999 and flown to Kandahar in Afghanistan. Later its passengers and crew were released and the aircraft was flown back to India. F.I.R. No. RC-1(S)/2000/SIC-IV New Delhi dated January 11, 2000 for offences punishable under sections 365/341/342/506/307/302/147/148/149 read with Section 27 of the Arms Act, Section 5 of the Explosive Substances Act and Sections 4/5 of the Anti Hijacking Act, 1982 was registered at Police Station SPE/CBI/SIC.IV/New Delhi on the information given by Mandeep Singh, S.H.O. Police Station Raja Sansi Amritsar. The aircraft was AIRBUS 300 B 2(VT-ED WS. No. 36). It was impounded and later released on sapurdari to Indian Airlines on February 5, 2000. The airline sought permission to sell the aircraft and filed an application under section 451 Cr.P.C. before learned Designated Court/Sessions Judge, Patiala. The application was opposed and permission was declined vide order dated November 2, 2000.
(2.) IN revision the petitioner airline has argued that the learned Judge had misread the provisions of Section 451 Cr.P.C., therefore, mistakenly concluded that evidence was required to be recorded before the aircraft was released and the Court further opined that the aircraft may be required to be produced at the trial and the accused may want to examine it. The contention of the airlines is that a few days before the hijacking its Board of Directors had taken a policy decision on December 20, 1999 to sell the said aircraft. Apparently the reason was that the aircraft was more than 23 years old and required a major overhaul to make it airworthy which would cost about Rs. 7.00 to Rs. 8.00 crores. The minutes of the said meeting have been annexed with the petition as Annexure P.2. Furthermore, the Engineering Department of the airline had recommended a Rs.4C' check which would require a minimum 75 days and expenditure of Rs. 4.00 crores on spares plus 40,000 man hours. A certificate of the Engineering Department has been relied upon and filed alongwith the petition as Annexure P.4, dated November 13, 2000. This indicates that the inspection would cost approximately Rs. 8.00 to Rs. 10.00 crores. 3A. Lastly, reliance was places on the approval for the sale of the said aircraft granted by the Government of India, Ministry of Civil Aviation dated September 20, 2000 whereby the airline was permitted to sell the aircraft to M/s Aviation Systems International, USA for USD 23,75,000. This approval has been produced as Annexure P.5 with the petition.
(3.) THE petition has been opposed by C.B.I. on the ground that the aircraft was a material exhibit in the case and the aircraft was necessary to demonstrate which were the various positions to which the passengers had been taken after it had been hijacked and where the accused had positioned themselves. The cockpit of the aircraft had been used as office/head quarter by the hijackers from where they issued their various orders and demands. The executive class cabin of the aircraft was the spot where Rupin Katyal was murdered on December 25, 1999. Release of the aircraft, according to the learned, would prejudice the prosecution.;