1. It appears that vehicle (truck) bearing No. 9657/JK02 has been seized by the police station Soura in FIR No. 04/2005 under section 379 of RPC read with 207 of Motor Vehicles Act. The petitioner No. 1 Ghulam Mohammad Sheikh moved an application for release of the said vehicle in the court of learned Chief Judicial Magistrate, Srinagar, who transferred the same to Ist Class Judicial Magistrate (4th Additional Munsiff), Srinagar. The learned Ist Class Judicial Magistrate passed an order dated 9th Feb., 2005 and commanded the concerned police to release the vehicle in favour of its registered owner after obtaining the documents and superdnama.

2. The petitioners are aggrieved of the condition imposed by the learned Magistrate in terms of the order referred hereinabove and have prayed for quashing of the condition of releasing the vehicle in favour of its registered owner after obtaining the documents from him.

3. Mr. Watali argued that the condition imposed is an abuse of process of law and is without jurisdiction. It was duty of the learned Magistrate to release the vehicle on superdnama without imposing the conditions and referred a judgment of the Apex Court reported in AIR 2003 SC

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