AYUB ZAIDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order dated 6.3.1997 passed by a learned Single Judge in Cr.WJC No. 2/97(R) by reason of which the prayer of the appellant for release of the vehicle has been rejected on the ground that confiscation case is pending.

(2.) The stamp reported has raised an objection regarding maintainability of this appeal inasmuch as an order passed by the High Court under Article 226 of the Constitution in a Criminal case is not appellable under Clause 10 of the Letters Patent.

(3.) Before adverting to the question of maintainability some facts are necessary to be stated: