N.N. Mahar, J. - (1.) This revision is directed against the order dated 30.10.1999 passed by the learned Additional Sessions Judge, Deedwana whereby the learned Judge rejected the petitioner's application under section 451 Cr.P.C. and refused to deliver the subject jeep to him on superdagi.
(2.) The petitioner filed an application under section 451 Cr.P.C. praying that the jeep bearing No. RJ-19-T-0796 may be given to him on superdagi as he holds the power of attorney from the owner of the vehicle namely Smt. Prem Choudhary. It appears that the said jeep has been taken into custody by the police in connection with the FIR Case No. 156/98 P.S. Moolasar, District Nagorc. The learned Additional Sessions Judge rejected the application on the ground that the subject jeep is a material evidence in a murder case. The trial Court also found that there is a blood spot on the jeep.
(3.) It is contended by the learned counsel for the petitioner that the jeep is lying without any care with P.S. Moolasar for the last 11 months. The trial is likely to take time. If it is further kept at P.S. Moolasar, its condition will be deteriorated. It may be reduced to scrap even before the trial is concluded. Learned counsel places reliance on a decision of this Court in Deewan Singh v. State of Rajasthan reported in 1987 RCC 450 and Bat Mikand v. State of Rajasthan, 1994 Cr.L.R. (Raj.) 4 .;