JUDGMENT 1. - Brief facts Of the case are that when the petitioner Ram Chandra Bishnoi, was going in his tractor No. C.P.A. 5303 on 21st October, 1979 he met with an accident at a Railway crossing near gate No. 131-C and a criminal case was instituted against the petitioner under Section 279 I.P.C. and Section 128 of the Railway Act. The charge has been framed in the case and the trial is pending in the Court of Railway Magistrate, Jaipur. After the said accident the tractor was seized by the police and kept its custody. The petitioner moved an application on 7-3-1980 for handing over the tractor on Superdiginama to the petitioner. The learned Magistrate, by his order dated 7th March, 1980 give a direction to hand over the tractor to Shri Umrao Singh, Sethiya S/o Shri D.C. Sethiya, on furnishing a bond in the sum of Rs. 50000/- (Rs. Fifty Thousand). In appears that in spite of the above order no steps have been taken by Umrao Singh, to take the possession of the tractor and the same is still lying in the custody of the police. The contention of the petitioner is that the tractor in question was purchased by him from Umrao Singh Sethiya, and a special power of attorney was also executed by Umrao Singh, in his favour on 16-1-80. In pursuance to the aforesaid special power of attorney the possession of the tractor was handed over to the petitioner and he was in lawful possession of the tractor at the time when it m t the accident. Admittedly, the tractor was in possession of the petitioner at the time of the accident and the learned Magistrate, was not right in giving its delivery to Shri Umrao Singh Sethiya, merely on the ground that no documents with regard to sale have been filed and the registration of the tractor also continues in the name of Shri Umrao Singh Sethiya. 2. I have heard Mr. Soni, learned counsel for the petitioner and the learned Public Prosecutor. At this stage it is not disputed that the tractor in question was in possession of the petitioner when it met with an accident. 2. I have heard Mr. Soni, learned counsel for the petitioner and the learned Public Prosecutor. At this stage it is not disputed that the tractor in question was in possession of the petitioner when it met with an accident. There is a document special power of attorney dated 16th January, 1980, executed by Shri Umrao Singh Sethiya, in favour of the petitioner by which the tractor in question has been transferred by sale in favour of the petitioner. In spite of the order passed by the Railway Magistrate, dated: 7th March, 1980 Shri Umrao Singh Sethiya, or any other person on his behalf has not come forward to claim the tractor and the same is still lying in the custody of the police. The tractor in question is alleged to be a source of livelihood for the petitioner and in my view the tractor in question ought to have been handed over to the petitioner in the facts and circumstances of this case. 3. In the result, the order of the Railway Magistrate, dated 7-3-80 is suit-aside and it is directed that the tractor No. C.P.A. 5303 shall be handed over to the petitioner Ram Chandra Bishnoi, on his furnishing a surety bond in the sum of Rs. 50000/- for the production of the tractor before the trial-court whenever he would be called upon to do so. The tractor shall not be alleviated by sale, exchange or gift or in any other manner in favour of another person, on furnishing such surety the tractor in question may be given to the petitioner.Petition Accepted. *******