IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1293 OF 2008 L.G.Electronis (I) Pvt.Ltd. .. Petitioner Vs. State of Maharashtra .. Respondent Mr.S.P.Kadam i/by M/s.P.S.Legal for the Petitioner. Ms.A.T.Jhaveri, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 18th July 2008. P.C.: . The submissions of the learned counsel appearing for the parties were heard yesterday. 2. The petitioner is a manufacturer of air conditioners. A consignment of 54 air conditioners was to be transported from the petitioner’s factory at Ranjangaon to its warehouse at Borivali. A transporter was engaged by the petitioner. On 20th October 2007, the consignment of 54 air conditioners was loaded in the truck of the transporter at Ranjangaon factory. The said consignment never reached its destination. The allegation is that the driver and cleaner of the truck : 2 : misappropriated the said 54 air conditioners. On the same day, F.I.R was lodged by the transporter alleging commission of offences under section 406 and 420 read with section 34 of the Indian Penal Code. The police could recover 49 out of 54 air conditioners. 3. An application was moved by the petitioner under section 451 of the Code of Criminal Procedure, 1973 before the trial Court for grant of custody of the air conditioners. The said application has been disposed of by the learned Magistrate by passing the impugned order dated 28th February 2008. The operative part of which reads thus: ". The I.O. in C.R.No.276/07 of Shirur Police Station is hereby directed to hand over the custody of seized 49 Air Conditioners to the applicant company, if not required in other crime. 2. The applicant is directed to furnish bond of Rs.9 Lacs, that such air conditioners would be produced if required at the time of trial. : 3 : 3. The applicant is directed to furnish one or more solvent sureties of Rs.9 Lacs. 4. The I.O. is directed to take photographs of seized air conditioners and prepare detailed panchanama of those air conditions before handing over its custody to the applicant. 5. The applicant shall bear the charges of the photographs." 4. The limited grievance of the petitioner in this petition is that when there was no dispute that the petitioner is the owner of the said air conditioners, permission ought to have been granted by the learned Magistrate to dispose of or sale the said air conditioners. The contention is that if the petitioner is not permitted to sale the air conditioners till the disposal of the trial, the market value of the air conditioners will be considerably diminished thereby causing loss to the petitioner. The learned A.P.P has supported the impugned order. : 4 : 5. I have carefully considered the submissions. There does not seem to be any dispute that the petitioner is the owner of 49 air conditioners which are seized by the police. There is no other claimant who has claimed any right in respect of the air conditioners. The learned Judge has already issued a direction to the Investigating Officer to take photographs of the seized air conditioners and prepare a detailed panchanama of the air conditioners before handing over the custody thereof to the petitioner. In the facts of the case, after issuing aforesaid direction, the petitioner should have been permitted to dispose of the said air conditioners against filing usual indemnity bond. As there is no dispute regarding ownership of the air conditioners, no purpose will be served by directing the petitioner to keep the air conditioners as it is till the conclusion of the trial which is bound to take a long time. 6. In the circumstances, the impugned order needs modification and hence I pass the following order: (i) The Investigating Officer in C.R.No.276/2007 of Shirur Police Station is hereby directed to hand over custody of 49 air conditioners : 5 : seized by the police to the petitioner. Before handing over the custody, the Investigating Officer will take photographs of the seized air conditioners at the cost of the petitioner and shall prepare a detailed panchanama recording the condition of the said 49 air conditioners. (ii) Before taking the custody of the said air conditioners, the petitioner will furnish the usual indemnity bond before the learned trial Judge. (iii) It is made clear that the petitioner will be entitled to dispose of or sale the said 49 air conditioners. (iv) This order is passed in substitution of the order dated 28th February 2008. (A.S.Oka,J)