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Judgment
Aggrieved by the orders of the Sessions Judge, West Godavari in Criminal MP. No. 1673 of 1997 in S.C. No. 204 of 1997 refusing to release the vehicle involved in commission of the offence on the ground that the case is already committed to the Sessions Court, the owner of the vehicle filed this revision seeking quashing of the order of the Court below.
Heard the learned Public Prosecutor.
The prosecution case is that the vehicle has been used in the commission of an offence punishable u/s 302 I.P.C. and admittedly the owner of the vehicle has nothing to do with the commission of the offence. Unlike the offence under special enactments the question of confiscating the vehicle used in The commission of an offence punishable under the provisions of I.P.C. does not arise. That being the legal position, no purpose would be served in detaining the vehicle either in the Court or in the police station. If the vehicle is exposed lo sun and rain it will result in diminution in the value of the vehicle. The prosecution case is not going to be effected by releasing the vehicle.
Hence the order of the Sessions Court is liable to be set aside and accordingly the same is set aside.
The Sessions Judge is directed to release the vehicle on furnishing Bank guarantee for the value of the vehicle and also on filing an undertaking that the vehicle shall not be alienated, encumbered or altered pending disposal of the Sessions Case and the vehicle shall also be produced in the Court as and when required in the same condition in which it was delivered to him. The Court is directed to return the ''C'' book also to the petitioner.
With the above directions the Criminal Revision is disposed of.