MOHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application under Section 482 Code of Criminal Procedure (New) is directed against the order dated 11 -4 - 1977 passed by the Sessions Judge, Azamgarh in a criminal revision filed before him against the order dated 10 -12 - 1976, passed by the Additional Munsif Magistrate, Azamgarh.

(2.) THE facts of the case, giving rise to this application, are that motor cycle bearing U.P. Q. No. 454 belongs to the Petitioner, in connection with a case under Section 72 of the U.P. Excise Act the police seized Petitioner's motor cycle on which illicit liquor was being allegedly transported. The Petitioner moved the Magistrate concerned for return of the motor cycle to him. His prayer was rejected by the learned Magistrate. The Petitioner then went up in revision before the Sessions Judge, who, through the impugned order, directed the motor cycle to be returned to the Petitioner on the condition that he would deposit a sum of Rs. 5000/ - in cash as security in the magisterial Court.

(3.) AFTER hearing the learned Counsel for the parties, I find force in Petitioner's contention. During the pendency of an enquiry or trial orders have to be passed under Section 451 Code of Criminal Procedure (New) only for the purposes of proper custody of the property involved in the case. The learned Sessions Judge was rightly of the view that during the pendency of the case the motor cycle in question should remain with the Petitioner. The condition of depositing Rs. 5000/ - by him is apparently too harsh. The ends of justice can adequately meet if the Petitioner is called upon to file personal security of the amount of Rs. 5000/ in the form of his own bond and two sureties with a condition that he would not dispose of or alter the motor cycle during the pendency of the case and produce it before the Court whenever required.