JUDGMENT 1. - This petitionunder section 482 Cr.P.C. is filed against the order dated 8.6.1992 of Munsif & Judicial Magistrate, Kaman for the custody of Kisna Buggi (a bullock cart fitted with Engine). The A.S.I., Police Station - Pahari seized the said Buggi on 20.5.92 as it was not registered under the Motor Vehicles Act and the driver was not having the driving licence etc. The police has submitted charge-sheet. I have been informed that the said Buggi is lying in open at the police station. 2. The petitioner had moved an application before the trial Magistrate for the custody of the above Buggi during the pendency of the trial, but the said prayer was declined by impugned order dated 8.6.92. Hence, this petition has been filed. 3. The contention of the learned Counsel for the petitioner is that the bullock cart cannot be a Motor Vehicle requiring registration under the Motor Vehicles Act, as such, its seizure by the police was manifestly illegal. He also argued that otherwise also, it had been the practice of this Court to give the vehicles in the custody of the proper person as if it is kept lying in an open place, then, it would be damaged/spoiled and by the time the trial is concluded and a final order for its delivery is made, it shall be rendered useless. Whether such Buggi is a 'Motor Vehicle' or not, is a question to be decided by the Trial Court, but, in my view, it should be protected and should be given in the proper custody. There is no dispute that the petitioner is the owner of this vehicle. No other person is its claimant. Therefore, the Buggi should be given in the custody of the petitioner. Consequently, this petition is allowed. The order of the trial Magistrate dated 8.6.92 is set aside, and it is ordered that Kisan Buggi fitted with Engine, be given in the custody of the petitioner on the following terms and conditions: (i) that the petitioner shall execute a personal bond in the sum of Rs. 10,000/- (Rs.
Consequently, this petition is allowed. The order of the trial Magistrate dated 8.6.92 is set aside, and it is ordered that Kisan Buggi fitted with Engine, be given in the custody of the petitioner on the following terms and conditions: (i) that the petitioner shall execute a personal bond in the sum of Rs. 10,000/- (Rs. Ten thousands) with one surety in the like amount to the satisfaction of Munsif & Judicial Magistrate, Kaman, with a stipulation that he shall produce the said Buggi in any Court, or place as and when called upon to do so; (ii) he will not transfer or part with the said Buggi to any person without prior permission of the above Court; (iii) he shall keep the Buggi in the same condition and shall not change its colour etc.; (iv) before taking delivery, he shall furnish three coloured photographs of the Buggi in cabinet size to be taken in different angles and the said photographs shall be kept in the file of the Trial Court. Petition allowed. *******