TIBREWAL, J. — The learned Public Prosecutor accepts the notice on behalf of the State on the request of the learned counsel for the parties, the matter is being disposed of finally as a very short point is involved. (2). Truck No. DIG 9347 was seized in a criminal case, registered at Police Station Kishangarh under Section 279 IPC. An application was moved for the Custody of the said truck on behalf of the petitioner-company. A report was also called from the concerned SHO and he expressed no objection if the vehicle is given in custody of the petitioner-company. However, the learned trial Magistrate has rejected the application to release the truck on superdginama of the petitioner-company on the ground that in the power of Attorney the name of the person, who give the said power of Attorney had not been mentioned and that no proof was produced before him that the person who had signed the power of Attorney is a Managing Director of the petitioner-company. (3). It may be submitted that the application for the custody of the vehicle has been moved by the company. The learned counsel for the petitioner who appeared on behalf of the petitioner-company submits that the Managing Director of the petitioner-company has given the power of attorney, which is duly attested by the Notary Public. There is no other claimant of the vehicle except the petitioner-company as such, when the application for the custody was moved on behalf of the company through the lawyer admittedly there was no ground for any doubt. The truck was seized in a case under Section 279 IPC and as such, there is no impediment of passing the interim order for the custody of the truck in favour of the petitioner company. (4). Consequently, I set aside the order of the Magistrate dated 9.10.1990 and direct that the truck No. D.I.G. 9347 shall be given in custody of the petitioner company/Authorised agent of the company in whose favour the power of Attorney has been given by the Managing Director of the company, a copy of which has been submitted along with this petition in this Court. The truck shall be given on the following conditions :— (a) That before delivery of the truck the petitioner company shall furnish a surety in the sum of Rs. The truck shall be given on the following conditions :— (a) That before delivery of the truck the petitioner company shall furnish a surety in the sum of Rs. 3,00,000/- (Rupees Three lacs) to the effect that the said truck shall be produced as and when called upon by the trial court ; (b) that no alteration shall be made in the truck without permission of the court.