V. GOPALASWAMY, J.

( 1 ) THIS revision is preferred against the order of the learned Sessions Judge, Ganjam, in Criminal Revision No. 7 of 1986 setting aside the order of the learned S. D. J. M. , Chatrapur, directing delivery of the bus bearing registration No. TMN 7656 to the petitioner under section 457, Cr. P. C.

( 2 ) THE relevant facts giving rise to this revision may be briefly stated as follows: On 24-12-1985 the Traffic Inspector of the Transport Department seized the bus bearing registration No. TMN 7656 on the ground that arrear tax to the tone of Rs. 17,000/- was still due to be paid by the owner and further as the bus was found to be plying without a valid fitness certificate. When the R. T. O. , Chatrapur, was approached, he refused to release the bus and gave the owner a copy of the vehicle check report showing that the vehicle was seized for nonpayment of arrear tax of Rs. 17,000/- and that the vehicle had no fitness certificate and route permit. As the R. T. O. refused to release the vehicle on any terms, the petitioner moved the S. D. J. M. , Chatrapur, in Misc. Case No. 158 of 1985 for the release of the bus. The S. D. J. M. by his order dated 4-1-1986 directed