1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.3695/2008 [Shri Sheikh Hasan Patel s/o Sheikh Ibrahim .vrs. State of Maharashtra] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................. ..................................... Mr. S.V. Akolkar, Advocate for the applicant, Mr. K.S. Dhote, APP for the non-applicant/State. .......... Coram : R.C. Chavan, J. Dated : 13 th January, 2009. By consent, the application is taken up for final hearing at the stage of admission. Heard the learned counsel for the applicant and the learned APP for the non-applicant/State. Perused the reply filed on behalf of the non- applicant/State. This application takes exception to order passed by the learned Additional Sessions Judge, Nagpur rejecting applicant's revision challenging order of learned JMFC, Kamptee to release applicant's vehicle bearing No. MH-30- L-1235 which was seized in connection with an offence of theft of coal punishable under Section 379 of the Indian Penal Code. The learned Additional 2 Sessions Judge, Nagpur has refused to exercise his revisional jurisdiction on the ground that according to him, if the vehicle is returned to the applicant on suprutnama, there is every possibility that same will be used for illegal purpose. He, therefore, confirmed the order passed by the learned Magistrate. Since the vehicle was not liable to be confiscated, apprehension in the mind of the learned Additional Sessions Judge, Nagpur about its use in commission of offence, cannot prevent its release to the rightful owner. Therefore, since the reasons given by the learned Additional Sessions Judge, Nagpur are not referable to any provisions of law, detention of the vehicle is not called for. The application is allowed. Impugned order is set aside. The vehicle No.MH-30- L-1235 shall be returned to the applicant on the following conditions : i) The applicant shall furnish a suprutnama in the sum of Rs.2½ Lacs, ii) the RTO shall be informed and shall make endorsement on the certificate of registration that the vehicle should not be sold without the leave of the trial Court, iii) the applicant shall undertake to keep the vehicle in running condition throughout the trial, iv) Before release of the vehicle, the applicant shall establish to the satisfaction of the trial Court that the vehicle belongs to him and v) the vehicle shall be 3 photographed from all the relevant angles and those photograph shall be kept on record of the court. JUDGE Gulande