1. This criminal revision raises rather significant issues pertaining to the merits of the rival claims for the custody of a motor vehicle which is produced before a Criminal Court either as the subject-matter of an offence or as having been used for the commission of one. Of late such questions arise with persistent frequency and, therefore, merit a close analysis.

2. A case regarding the theft of the Motor-car No. DLK 1661 was registered at the town of Hapur in Uttar Pradesh. However, the vehicle above-said was found at and taken into possession in Ambala Cantonment by the police on 20th July, 1972, under Section 550 of the Criminal Procedure Code. On the basis of the investigation that followed Manohar Lal and Piare Lal respondents have been sent up for trial on a charge under Section 411, Indian Penal Code. At an earlier stage this vehicle had been given on Sapurdari to a resident of Ambala Cantt. on an application moved by Manohar Lal accused-respondent. The prosecution, however, secured the cancellation of the Sapurdari above-mentioned. It was thereafter that the present petitioner Shri Deo Dutta Sharma claiming to be the registered owner of the vehicle and also the h