1. This is a revision petition against the order of the Additional Sessions Judge, Hissar, dated 11th June, 1974, whereby the petitioners revision petition for the return of the tractor taken into possession by the police was dismissed.

2. The facts leading to this revision petition are that the petitioners tractor bearing No. PNW 1761 was found in the area of village Dhani Sila on Haryana-Rajasthan border carrying 31 bags of maida. As the driver of the tractor did not have any permit to transport the maida to Rajasthan a case was registered and the tractor was taken into possession. The Petitioner who is a registered owner of the tractor then made an application before the trial Magistrate praying that the tractor be given on superdari to him. This application was dismissed by order dated 20th May, 1974 and the revision petition against this order was also dismissed by the Additional Sessions Judge.

3. On behalf of the State a preliminary objection has been raised that the present revision petition is not competent in view of the provisions of Section 397 of the Criminal Procedure Code, 1974. The relevant provision reads as under :-

"397 (3). If an application under this s