R. D. SHUKLA, J. ( 1 ) THIS petition under Section 482 Cr. P. C. has been filed against the order dated 18. 6. 1991 of the Judicial Magistrate First Class, Indore passed in Criminal Case No. 657191 whereby while granting Supurdginama of the eight tractors to the petitioner complainant a condition has been imposed that the tractors will be kept intact and shall not be disposed of or sold during the pendency of the case in the Criminal Court. ( 2 ) THE undisputed facts of the case are that M/s. Tafe, Madras are the manufacturers of the tractors. The eight tractors were given to Deepak Road Carriers, Madras for being carried to Rajasthan. All the eight tractors were sent through a tractor-troller No. H. B. N. 4611 the tractors did not reach the destination. As such a complaint u/s. 406 of I. P. C. was filed against the respondents here. All the eight tractors were seized. There was a claim and counter claim about the tractors. However, by the impugned order learned Magistrate directed delivery of the tractors to Deepak Road Carriers, Madras and its authorised agent Prahlad Agarwal with a conditions that they shall furnish security of Rs. 15,00,000/- and further the tractors will not be sold during the pendency of the case. ( 3 ) THE grievance of the petitioner is that these tractors are lying idle for last 1-1/2 years and if they are kept in that condition for a long period there will be deterioration in the machine and tyres and that will cause loss to the complainant owner and will further be a national loss. ( 4 ) ON perusal of the order of the learned Magistrate it appears that the accused-respondent have also admitted while filing reply to the application that they have no objection as to the delivery of the tractors, to the authorised person of the owner of the tractors. The learned Magistrate has held that the person claiming the Supurdginame is an authorised owner as was proved before the learned Magistrate by a letter and affidavit. There is no dispute about them. The only point to be considered in the case at this stage is that whether any direction regarding the withdrawn of the condition be given keeping in view the evidence about the condition of the tractor, to be adduced during the trial.
There is no dispute about them. The only point to be considered in the case at this stage is that whether any direction regarding the withdrawn of the condition be given keeping in view the evidence about the condition of the tractor, to be adduced during the trial. ( 5 ) THIS is a matter of common knowledge that if a machinery including the motor-tractors are kept idle, they are bound to deteriorate. Its machinery is likely to be rusted. Similarly the tyres are likely to deteriorate and its strength is also likely to diminish. ( 6 ) IN the opinion of this Court if a memo showing Chasis and Engine Numbers of the tractors is prepared in the presence of the accused or counsel (or the accused under the orders of the Trial Court with a further direction that the photographs of all the tractors are also taken. The evidence about the condition of the tractor may be kept intact. ( 7 ) LOOKING to the facts and circumstances of the case, therefore it is directed that the learned Trial Court will depute a person within a fortnight from the receipt of this order after due notice to the accused-person or to their counsels for preparing a list showing the various Chasis and Engine Numbers of the tractors and further direct the photographs of the tractors to be taken. That list and the photographs shall be kept in the record for evidence. After compliance of this direction the last condition put by the trial Magistrate shall stand withdrawn. ( 8 ) THE record of the learned lower Court be sent immediately. Ordered accordingly. .