INDIAN AIRLINES Vs. IBRAHIM AKHTAR

JUDGEMENT

(1.) INDIAN Airlines is the owner of the aircraft which was hijacked on December 24, 1999 and flown to Kandahar in Afghanistan. Later its passengers and crew were released and the aircraft was flown back to India. F.I.R. No. RC-1(S)/2000/SIC-IV New Delhi dated January 11, 2000 for offences punishable under sections 365/341/342/506/307/302/147/148/149 read with Section 27 of the Arms Act, Section 5 of the Explosive Substances Act and Sections 4/5 of the Anti Hijacking Act, 1982 was registered at Police Station SPE/CBI/SIC.IV/New Delhi on the information given by Mandeep Singh, S.H.O. Police Station Raja Sansi Amritsar. The aircraft was AIRBUS 300 B 2(VT-ED WS. No. 36). It was impounded and later released on sapurdari to Indian Airlines on February 5, 2000. The airline sought permission to sell the aircraft and filed an application under section 451 Cr.P.C. before learned Designated Court/Sessions Judge, Patiala. The application was opposed and permission was declined vide order dated November 2, 2000.

(2.) IN revision the petitioner airline has argued that the learned Judge had misread the provisions of Section 451 Cr.P.C., therefore, mistakenly concluded that evidence was required to be recorded before the aircraft was released and the Court further opined that the aircraft may be required to be produced at the trial and the accused may want to examine it.

(3.) THE petition has been opposed by C.B.I. on the ground that the aircraft was a material exhibit in the case and the aircraft was necessary to demonstrate which were the various positions to which the passengers had been taken after it had been hijacked and where the accused had positioned themselves. The cockpit of the aircraft had been used as office/head quarter by the hijackers from where they issued their various orders and demands. The executive class cabin of the aircraft was the spot where Rupin Katyal was murdered on December 25, 1999. Release of the aircraft, according to the learned, would prejudice the prosecution.