( 1. ) THIS revision petition is directed against the order dated 5-10-1988 passed by the Additional Chief Judicial Magistrate (Economic Offences), indore in Cri. Case No. 3291 of 1988 whereby under Section 451 of the Criminal procedure Code, 1973 (for short the Code) interim custody of the Maruti car in question has been ordered to be handed over to Subhash Gupta, the non-applicant No. 2.

( 2. ) CIRCUMSTANCES giving rise to the revision petition are these. On the basis of the written report dated 28-8-1986 lodged with the police by the petitioner, pankaj Mehta, the non-applicant No. 2 Subhash Gupta has been prosecuted in respect of offences under Sections 420, 467 and 468 of the Indian Penal Code. Smt. Pratima, the sister of the petitioner Pankaj Mehta was married to Narendra gupta in the year 1984. The non-applicant No. 2 Subhash Gupta is the elder brother of the said Narendra. Narendra, and his wife Pratima reside in America and the non-applicant No. 2 Subhash resides in America as well as in India.

( 3. ) ACCORDING to the case set-up by the petitioner, he needed a Maruti car for his use. As payment in dollars entitles the intending purchaser to priority, he contacted Na