MCRC 6755/11 1 26/09/2011. Shri Vijay Datt Sharma, Advocate for the petitioner. Shri Vishal Mishra, Public Prosecutor for respondent / State. Heard counsels for the parties for final disposal of this petition. O r d e r ( oral ) This petition under section 482 Cr.P.C. is filed by the petitioner aggrieved by the impugned order of the Trial Court dated 2ndof September,2011 whereby his application under sections 451 and 457 Cr.P.C. for interim release of Tractor trolley bearing registration No. MP-06/AA 0996 seized by the Forest Authorities on 29th September, 2007 has been rejected. A perusal of the impugned order would show that the petitioner has been denied interim custody of his vehicle being Tractor trolley bearing registration No.MP 06/AA 0996 only because proceedings for confiscation of the vehicle has already been completed and the petitioner has not challenged those confiscation proceedings. The relevant portion of the impugned order is extracted herein below : MCRC 6755/11 2 “ou foHkkx }kjk tIr okgu VªsDVj&Vªksyh jk"Vªh; pEcy vH;kj.k eqjSuk ds izfrcaf/kr {ks= ls jsr tks fd ouksit gS] dks voS/k :i ls ys tkus ds vk/kkj ij tIr djuk crk;k x;k gSA ftlds laca/k esa vf/kgj.k dh dk;Zokgh i`Fkd ls dh xbZ gSA ftlds fo#) vkosnd }kjk dksbZ vihy u djuk crk;k x;k gSA bl {ks= fo'ks"k esa pEcy unh ls voS/k jsr mR[kuu gksus ls u dsoy jk"Vªh; pEcy vH;kj.k ds i'kqif{k;ksa dk thou ladV esa iM+ jgk gS] oju lkFk gh lkFk i;kZoj.k ij Hkh dkQh foijhr izHkko iM+ jgk gSA mijksDr ifjfLFkfr;ksa esa ;g U;k;ky; tIr 'kqnk okgu dks lqiqnZxh esa nsuk mfpr ugha le>rk gwaA rnkuqlkj vkosnd dk vkosnu fujLr fd;k tkrk gSA” In view of Full Bench judgment of this Court in the case of Madhukar Rao vs. State of M.P.,2000(I) MPLJ 289, the Trial Court could not have declined interim release of the vehicle in question to the petitioner on the ground of conclusion of confiscation proceedings. It is not disputed by the learned Public Prosecutor appearing on behalf of the respondent/State that the main case in which the vehicle was seized by the forest authorities is still pending against the petitioner and so far he has not been found guilty in the said case. The petitioner, in the opinion of this Court, is entitled to interim release of his vehicle subject to such reasonable conditions as may be imposed by the Trial Court for such release till the time MCRC 6755/11 3 he is found guilty of the offence after the trial. Hence, the impugned order of the Trial Court is hereby set aside and the case is remanded back to the Trial Court for giving interim custody of the vehicle in question to the petitioner on supurdari on such conditions as may be imposed by the Trial Court for such release. This petition is disposed of accordingly. ( S.N.Aggarwal ) Judge ppg