The central legal point established in the judgment is that the discretion to dispose of case property under S.451 of the Cr. P. C. is not limited to perishable goods and should be exercised judiciously based on expediency and the specific facts and circumstances of each case.

1. Prayer in this petition filed under S.482 of the Code of Criminal Procedure is for setting aside the orders dated 12-2-2004 (Annexure P-4) and 16-7-2004 (Annexure P-6) passed by learned Sub-Divisional Judicial Magistrate, Baba Bakala and the learned Additional Sessions Judge, amritsar, declining permission to the petitioner bank to sell the tractor in dispute, which tractor has been entrusted to the bank, pursuant to an order passed under s.451 of the Cr. P. C.

2. A brief factual narrative of the facts would be appropriate.

3. The petitioner, namely Canara Bank, a Nationalized Bank, granted a loan of Rs.3,90,000.00 to one Lakhwinder Singh son of karnail Singh, for the purchase of a tractor. Subsequently, it was discovered that security for the loan, namely the revenue record, was fabricated. Consequently, an FIR No.8 dated 9-1-2004 under Sections 420, 466, 467, 468, 469, 471 and 120-B of the Indian penal Code was registered at Police Station beas, District Majithia. During the course of investigation, the tractor, Solenika-750, financed by the Bank was seized by the police. An application, filed by Bank for release of the tractor on sapurdari, was allowed by the Sub-Divisional Judicial Magistrate, Baba bakala vide order dated 5-2-2004, holding therein that the bank was the true owner of the tractor. While releasing the tractor on sapurdari, the bank was required to furnish one surety in the sum of Rs.6,00,000.00 and also file an undertaking that it would not alter its identification marks, name plate etc. and would not dispose of the said vehicle, without the prior permission of the Court. The operative part of the order reads as follows :-

"as such, the tractor in question is ordered to be released on sapurdari subject to furnishing sapurdari bonds in the sum of Rs.6,00,00.00 , with one surety in the like amount undertaking that they will not change its identification marks, name plate etc. and will not dispose of the vehicle without prior permission of the Court. He will produce the vehicle in question on each and every date of hearing. "

4. On 12-2-2004, the petitioner bank filed an application for permission to sell the tractor. Vide order dated 12-2-2004 the said application was dismissed on the ground that the tractor was released with a specific direction to produce the same on each and every date of hearing of the case and not to alienate it during the pendency of the case. The petitioner filed a revision impugning the aforementioned order. Vide order dated 16-7-2004, the Revisional Court dismissed the revision holding that as the tractor, in question, was case property and an appropriate order for its release had already been passed, permission to sell the tractor could not be granted.

5. Counsel for the petitioner contends that even though the tractor is case property, it was released, to the petitioner, vide order dated 5-2-2004, subject to conditions one being : that it would not be disposed of without prior, permission of the Court; the court was required to consider the feasibility of granting permission to sell. The application and the revision have been dismissed on the short ground that the tractor is case property, and required to be produced on each and every date of hearing. The Courts have ignored the provisions of S.451 of the cr. P. C. and have proceeded to decide the application, as if case property cannot be sold in any eventuality. Sec.451 of the cr. P. C. envisages sale of case property and does not confine the powers of a Court, regarding sale of property only to goods subject to speedy and natural decay. It empowers the court to dispose of case property, not subject to speedy and natural decay, provided the Court records a finding that it is expedient to do so. It is further contended that a tractor, may not be a perishable item but being a machine is subject to natural decay. It comprises of rubber and mechanical parts which if not used, served, repaired and replaced regularly, would tu