MAHAVEER PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This misc. petition is directed against the order dated 13.11.1998 passed by the learned Sessions Judge, Jodhpur whereby he upheld the order passed by the Magistrate.

(2.) The short facts of the case are that on 8.9.1998 Jeep No. RJ- 23 C-2736 was intercepted on Fatehpur-Churu Road by the custom officials. On search a sum of Rs. 15 Lacs was found in the hidden pocket of the Jeep. The Jeep was being driven by Usman. On the basis of the statement made by Usman a case under the Customs Act was registered. Mahavir who is the registered owner of the Jeep made an application under section 457 Crimial P.C. for the interim custody of the Jeep. This application was rejected by the Magistrate vide order dated 25.9.1998. The order has been upheld by the Sessions Judge.

(3.) Mr. Rathore contends that the petitioner is registered owner of the Jeep and if the Jeep is allowed to remain with the Customs Department, it will get damaged by wind, sun and rains. He states that his client is prepared to furnish security bonds undertaking to produce the Jeep as and when called upon by the Customs Department of the Court. He relies on the cases of Abhay Singh Vs. State of Rajasthan. 1991 (1) Crimes 727 & Ghanshyam Soni Vs. State, 1991 Cr.L.R. (Raj.) 599 .