ORDER :

More than a period of seventeen years is over since the highest court of the country had given directions to the Magistrates that they shall exercise the powers under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') properly and promptly. It is unfortunate that, in some cases, orders are passed mechanically and casually without really absorbing the spirit of those directions given by the Apex Court.

2. In Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, the Supreme Court has considered the scope of invoking Section 451 of the Code in respect of vehicles where it has been observed as follows:

“15. Learned Senior Counsel Mr. Dholakia appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Cou