O R D E R

The petitioner herein claims to be the RC owner of an Auto rickshaw bearing Registration No. KL-42-E-4559 which was involved in Crime No.1639/2016 of Njarakkal Police Station for offences punishable under Sections 341, 323, 307, 294(b), 202, 212 of IPC.

2. The vehicle was seized and is in the custody of the Police. The petitioner moved an application invoking Section 451 Cr.P.C. seeking the custody of the vehicle. The court below by the impugned order produced as Annexure A1 held that the Auto rickshaw was to be forwarded to the scientific expert for getting blood stains analyzed by the expert and dismissed the application. This is under challenge in this proceedings.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. It was submitted by the learned Public Prosecutor on instructions that, the vehicle was used by the 4th accused to escape from the scene of occurrence after the incident. It appears that the investigation has considerably progressed. It is evident that the vehicle was not used as a weapon for commission of crime. Hence, at this length of time, I feel that no purpose will be served by retaining the vehicle except causing dete