DEVAJI Vs. STATE

JUDGEMENT

(1.) This is a petition filed u/s. 482 of Cr.P.C. for quashing the order passed by Additional Sessions Judge, Dhar in criminal revision no. 51/ 2006 on date 24.04.06, wherein temporary custody of the vehicle was refused to the present petitioner.

(2.) xxx xxx xxx

(3.) Two persons Dharmedra and Pratap are facing the prosecution for offences punishable u/s. 294,323,506 read with S. 34 of IPC and 3 (1) (10) of S.C.S.T. Act before Special Judge and First Additional Sessions Judge, Dhar. One motorcycle was seized by the concerning police in that case during investigation. The present petitioner made an application for temporary custody of that motorcycle on the ground that he is the registered owner of that motorcycle but the application was rejected by learned Additional Sessions Judge mainly on the ground that as per the provisions of S. 7(1) and 7(2) of the S.C.S.T. Act, if any property is seized during investigation then Court may recover the amount of fine, ultimately, imposed on the accused persons by auctioning that property and may also even confiscating that property.