1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.730 OF 2009 Matadan R. Shukla : Applicant V/s. State of Maharashtra : Respondent .... Mr.S.V.Marwadi i/b. Mr.Swapan Kode for the applicant. Ms A.T.Jhaveri, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : AUGUST 14, 2009. P.C.: Leave to amend. Amendment be carried out forthwith. 2. The applicant has challenged the order of the trial Court refusing to grant custody of the Maruti car seized in respect of an offence under section 302 of the Indian Penal Code. The car is presently lying in the premises of Poynod police station which had seized it sometime in August 2008. There is no dispute that all the scrapping, etc., have been forwarded to the Forensic Science Laboratory and report thereon has been obtained. 3. Mr.Marwadi, the learned counsel for the applicant, submitted that the vehicle is seized because it is said to have been mentioned in a 2 confession and, in any case, there is no direct evidence that the accused carried anything in the car. According to the prosecution, body parts were carried by the accused in the car. 4. Thus, the car is definitely important from the point of view of evidence, but the question is whether it is necessary that the car should be allowed to degenerate in the open space of the police station. All the relevant scraping, etc., from the car and evidence in respect of the car necessary to be collected have already been collected and sent for analysis. In these circumstances, I am of view that the vehicle be permitted to be released to the applicant upon executing a bond that the car will not be altered, in any way, nor shall its identity, including its colour shall be changed. It is a piece of evidence which shall not be tampered with. These conditions shall be in addition to the usual conditions of the bond under the Cr.P.C. The respondent may take such photographs as are appropriate before releasing the car to the applicant. The applicant shall not remove any markings made by the respondent on the vehicle. Order accordingly. 5. The Criminal Application stands disposed of. S.A. BOBDE, J.