Two questions arise for consideration in these criminal revision They are : (1) Whether a third party to the proceedings who claims for interim custody of a vehicle seized, can challenge in revision under Section 397 of the Cr.P.C. an order passed under Section 451 of the Cr.P.C. 1973 rejecting his claim and giving custody to another claimant and (2) in granting interim custody of a motor vehicle seized, what are the considerations that should weigh with the Court, can anybody other than the registered owner be given custody ?

2. The short facts of the case are : A case was registered by the Ernakulam Town, North Police Station for the theft of a bus KLR 4150 on the complaint of the petitioner in Crl. R.P. 211 of 1983. The vehicle was seized and produced before the Additional Judicial First Class Magistrate's Court I, Ernakulam on 3-5-1982. Though in the order the date is given as 3-5-1982. It can only be 3-5-1983). The petitioner in Crl.R.P. 211 of 1983, the petitioner in Crl.R.P. 227 of 1983, who is the first respondent in Crl.R.P. 211 of 1983 and the 2nd respondent in Crl.R.P. 211 of 1983 filed claim petitions before the court for interim custody of the vehicle. The