BHIMSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserves to be released to the power of attorney holder as it would get rusted and spoiled, if it is remained in the police custody. The trial Court has wrongly denied its custody on the ground that it is a weapon used in the alleged incident.

(2.) I have considered the submissions as above.

(3.) In the case of Sunderbhai Ambalal Desai and Ors. Versus State of Gujarat: (2002) 10 SCC 283, the Apex Court has made observations with regard to the conditions, which should be laid down for release of different goods/vehicles. It has also been observed that no purpose would be served in letting vehicle remained in the police custody as they get rusted and therefore, the conditions may be laid down for releasing of the same. This Court has also taken a similar view in a batch of Criminal Misc.