1. The present application under S. 482 of the Cr. P.C. 1973 (hereinafter referred to as _the Cr. P.C._) has been filed for quashing of the order dated 10-10-1991 passed by the learned Sessions Judge, Gaya by which he has affirmed the order dated 18-12-1991 passed by the Special Judicial Magistrate, Magadh Division, Gaya refusing to release the vehicle of the petitioner. Prayer is also for releasing the vehicle.

2. The petitioner is the registered owner of Bus No. BPP 9653. On 13-9-1991 the Roadways Magistrate along with the Sub-Inspector of police (opposite parties No. 2 and 3) seized the said buts on the allegation that the vehicle was found plying from Mahendiya to Bokaro with 25 passenger without having any permit for the route as contemplated u/ S. 66 of the Motor Vehicles Act, 1988 (hereinafter referred to as _the Act_). Thereafter, a prosecution was instituted against the petitioner for committing an offence u/ S. 192/177 of the Act, which is still pending. The petitioner filed an application for release of the vehicle before the learned special judicial Magistrate but the same was rejected by the order dated 18-12-1991. Against the said order the petitioner preferre