The central legal point established is that the owner of a seized car should be granted custody unless it can be shown that the owner knew or ought to have known that the car might be used for the commission of the alleged offences.

( 1 ) THIS is an application under section 482 Criminal Procedure Code praying for the release of Car No. UPH 5824 in favour of the applicant on furnishing adequate sureties to the satisfaction of Chief Judicial Magistrate, Fatehpur.

( 2 ) THE undisputed facts are that on 17th January, 1983 at about 9 P. M. at Jwalaganj Tn-crossing, P. S. Kotwali Fatehpur, some miscreants were arrested for offences under sections 399/402/407 Indian Penal Code and S. 25 Arms Act. The car in which they were traveling was also seized. It was produced before the Chief Judicial Magistrate, Fatehpur. The applicant gave an application for the release of the car and the same was dismissed on 1-2-83. The applicant filed a revision against the aforesaid order and the same was dismissed by VII Additional Sessions Judge, Fatehpur on 22-8-83. The applicant has come to this Court for suitable orders regarding the release of the car.

( 3 ) I have heard the learned counsel for the parties. An affidavit has been filed by the applicant in which the relevant facts have been sworn. No counter-affidavit has been filed. The applicant is the owner of the car. It is not said that the car was used for the alleged offences with his knowledge or consent. It is not even said that he knew or ought to have known that the car could be so used. Salim was the driver of the car and it appears that it was his mischief, which led to the involvement of the car. Section 451 Criminal Procedure Code provides as below: 451. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation: For the purpose of this section, property includes:

(a) Property of any kind or document which is produced before the Court or which is in its custody, (b) Any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

( 4 ) SECTION 452 (1) Criminal Procedure Code provides as below: When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by destruction, confiscation or delivery to any person claiming to be en titled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

( 5 ) NEITHER the Chief Judicial Magistrate nor the Additional Sessions Judge has given any sufficient reason for not giving the car in the custody of the owner pending the conclusion of the inquiry or trial. The first information report also does not contain any averment against the applicant. Unless it could be shown that the applicant know or that he ought to have known that the car might be used for the commission of the aforesaid offences, there could be no justification for refusing the proper custody of the car to the applicant.

( 6 ) THE application is allowed and it is directed that the Chief Judicial Magistrate, Fatehpur, shall give the car in the custody of the applicant on his furnishing a personal bond and sureties to his satisfaction. He may call for the registration papers to find out the approximate value of the car and fix the amount accordingly. The applicant will also furnish an affidavit before the Chief Judicial Magistrate that he would not transfer the car during the pendency of the inquiry or trial or till such time as final orders have been passed under section 452 Criminal Procedure Code. Application allowed.

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