In this revision the scope and ambit of the provisions of Section 457 (new) Cr. P.C. require consideration.

2. A car ADY 3893 was seized by the Investigating agency from the possession of the accused. The State filed a case which we exclusively triable by a Sessions Judge and the abovementioned car, according to the prosecution, serves as a piece of evidence for the prosecution as it was piloting the lorry that was transporting the illicit liquor and the accused obstructed the investigating officer from intercepting the lorry and as such the investigating officer had to open fire and the bullets had hit the dicky and the petrol tank of the car and thus the car provides important material in support of the prosecution case.

3. The petitioner claiming himself as the owner of the car filed a petition before the Magistrate on whose file the case is pending as P.R.C. for the delivery of the car to him on the ground that the car shall be spoiled if it is not in use, that the investigating agency has wrongly seized the car, that it was not seized at the place of offence and that the petitioner undertakes to produce the car as and when required by the Court for the purpose of identi