SHIVA LEASING CO Vs. STATE

JUDGEMENT

(1.) In this petition under Section 482 Criminal Procedure Code (herein referred to as Code), the petitioner pending inquiry/trial prays for the release of vehicle bearing No.DL-5C 5644, allegedly involved in the transaction of illicit liquor.

(2.) The learned Metropolitan Magistrate vide his order dated 16/9/97, rejected the application under Section 451 of the Code, of the present petitioner for the release of the car pending trial.

(3.) The petitioner carried the said order to the court of Sessions by way of criminal revision No. 86/97. Learned Additional Sessions Judge holding that the order under Section 451 of the Code being interlocutory in nature criminal revision petition under Section 397(1) of the Code would not be maintainable in view of the bar contained in Sub section (2) of section 397 of the Code and refrained from entering into the merits of the contentions advanced by the petitioner.