R.S. Verna, J. - (1.) The present petitioner is the registered owner of truck No. MOU 3309. On 25-6.93 at about 9 a.m , the police found that this truck was loaded with 226 bags of Poppy husk. The truck was being driven by Nissar Bhai; the other occupants of the truck were Mahfooj Khan and Pappu. The truck as also the bags of Poppy husk were seized and all the three persons sitting in the truck were arrested.
(2.) The petitioners moved an application before the learned trial Judge for release of truck pending investigation and trial. This application was opposed on behalf of the learned P P. of the court below. The contention raised on behalf of the State was that petitioners belong to M.P. and if the truck was released on 'Supurdagi, the truck may not be brought back at all. It was also submitted that there was no allegation to show that truck would not be taken care of at the police station. Lastly, it was urged that investigation was still pending. All these contentions prevailed with the learned trial Judge and trial Judge rejected the application for release of truck by his order dated 26-7-97 passed in Cr. Case No. 82/93. Aggrieved, petitioners have come to this court.
(3.) Learned counsel for the petitioner submits that the trial Judge has acted in a highly improper manner and has given specious reason for not releasing the truck. It is submitted that the truck is likely to be damaged and ruined if it is allowed to remain in police custody. It is submitted that the petitioners are prepared to furnish proper security for production of the truck on all the dates of hearing on which the production of the truck may be required and, therefore, the truck should be released on furnishing proper security.;