AMARJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Criminal Procedure Code praying for the release of Car No. UPH 5824 in favour of the applicant on furnishing adequate sureties to the satisfaction of Chief Judicial Magistrate, Fatehpur.

(2.) The undisputed facts are that on 17th January, 1983 at about 9 P. M. at Jwalaganj Tn-crossing, P. S. Kotwali Fatehpur, some miscreants were arrested for offences under sections 399/402/407 Indian Penal Code and S. 25 Arms Act. The car in which they were traveling was also seized. It was produced before the Chief Judicial Magistrate, Fatehpur. The applicant gave an application for the release of the car and the same was dismissed on 1-2-83. The applicant filed a revision against the aforesaid order and the same was dismissed by VII Additional Sessions Judge, Fatehpur on 22-8-83. The applicant has come to this Court for suitable orders regarding the release of the car.

(3.) I have heard the learned counsel for the parties. An affidavit has been filed by the applicant in which the relevant facts have been sworn. No counter-affidavit has been filed. The applicant is the owner of the car. It is not said that the car was used for the alleged offences with his knowledge or consent. It is not even said that he knew or ought to have known that the car could be so used. Salim was the driver of the car and it appears that it was his mischief, which led to the involvement of the car. Section 451 Criminal Procedure Code provides as below: 451. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation: For the purpose of this section, property includes: