SALEEM KHAN Vs. STATE

JUDGEMENT

(1.) THIS application has been filed for delivery of Motorcycle bearing registration No. RRG 6632 during the investigation and trial. The aforesaid vehicle has been seized in a case under Sections 147, 148, 324 and 307 IPC on June 26, 1985. An application was moved that interim custody may be delivered to the petitioner as the condition of the vehicle is likely to be deteriorated in the police station. The allegation in that the accused persons had used this motor -cycle for coming to the place of occurrence. The learned Magistrate refused it on the ground that the vehicle has been used in serious crime under Section 307 IPC and its delivery should not be given.

(2.) I have considered the facts and circumstances of the case and am of the opinion that keeping the vehicle in the police station is likely to deteriorate its condition, it would virtually be reduced to scrape hence there is no harm in case the motor -cycle is delivered on Supardginama to the petitioner, however, on the condition that he shall produce the same in the court on each and every date of hearing and would neither get its colour changed nor in any manner alter it so as to make un -identifiable.