It appears that applicant Arvind Singh Yadav produced a receipt about purchase of 600 (Six hundred) liters of diesel from a Gwalior Petrol Pump and applicant No.2 Lakhan Singh a receipt of purchase of 400 (Four hundred) liters of deisel from the same Petrol Pump before Special Court, Bhind (Sessions Judge, Bhind). Along with the receipts each of the applicants filed an application before the Court stating that the diesel covered by the receipts was being carried on their behalf which was for their agricultural use in a tractor, in a Matador bearing registration No. M.P. 07 N7073. It was further stated in the application that total diesel contained in a drum, being carried in the Matador, had been seized in special case No. 85/91 of that Court. It was prayed in the applications that the diesel be given to the applicants on their Supurdnama.

The learned Special Judge disallowed the applications by order dated 23.7.93 refusing to give the diesel on Supurdnama observing that diesel was not an identifiable commodity and it would be difficult to procure it back in the event of its confiscation. By that order the learned Special Judge, further held that on the basis of th