DEEPAK ROAD CARRIERS Vs. R K TEKRIWAL

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. has been filed against the order dated 18.6.1991 of the Judicial Magistrate First Class, Indore passed in Criminal Case No. 657191 whereby while granting Supurdginama of the eight tractors to the petitioner complainant a condition has been imposed that the tractors will be kept intact and shall not be disposed of or sold during the pendency of the case in the Criminal Court.

(2.) The undisputed facts of the case are that M/s. Tafe, Madras are the manufacturers of the tractors. The eight tractors were given to Deepak Road Carriers, Madras for being carried to Rajasthan. All the eight tractors were sent through a tractor-troller No. H.B.N. 4611 the tractors did not reach the destination. As such a complaint u/s. 406 of I.P.C. was filed against the respondents here. All the eight tractors were seized. There was a claim and counter claim about the tractors. However, by the impugned order learned Magistrate directed delivery of the tractors to Deepak Road Carriers, Madras and its authorised agent Prahlad Agarwal with a conditions that they shall furnish security of Rs. 15,00,000/- and further the tractors will not be sold during the pendency of the case.

(3.) The grievance of the petitioner is that these tractors are lying idle for last 1-1/2 years and if they are kept in that condition for a long period there will be deterioration in the machine and tyres and that will cause loss to the complainant owner and will further be a national loss.