JUDGMENT 1. - This miscellaneous petition is directed against the order dated June 16, 1992, passed by the Sessions Judge, Doongarpur, by which the learned Sessions Judge dismissed the revision petition filed by the petitioner. 2. The petitioner is facing trial for the offence under Sections 41 and 42 of the Forest Act in the Court of the Munsif and Judicial Magistrate, First Class, Sagwara, in Criminal Case No. 275 of 1992. On May 15, 1992, at about 5 30 a.m. near Sagwara Hospital, one truck bearing No. RSY 1047 was checked by the police and at that time it was found carrying 244 sleepers of sandle (Sagwan) wood. These 244 sleepers were seized by the police and the case was registered against the accused-petitioner, who was the owner thereof. After the seizure of the wood, the petitioner moved an application for the custody of the wood. That application was dismissed by the learned Munsif and Judicial Magistrate, First Class, Sagwara, by his order dated May 22, 1992. Dissatisfied with the order dated May 22, 1992, the petitioner preferred a revision petition before the learned Sessions Judge, Doongarpur, who, by his order dated May 16, 1992, dismissed the revision petition filed by the petitioner on the ground that the revision petition is not maintainable. The petitioner has. therefore, preferred this miscellaneous petition under Section 482 Criminal Procedure Code against the order dated May 22, 1992, passed by the learned Munsif and Judicial Magistrate, Sagwara. 3. It is contended by the learned counsel for the petitioner that 244 sleepers of Sandie wood were seized from the truck which were carried by a transit pass and if the wood be allowed to remain in the Court premises or in the custody of the police, the sleepers will be damaged and the petitioner will suffer irreparable loss and, therefore, it will be in the interest of justice that these Sagwan sleepers may be given to the petitioner on the conditions which the Court may think proper. 4. It will not be proper to keep these Sagwan sleepers in an open place in the custody of the Court or with the police as there is every likelihood of the Sagwan sleepers being exposed to Sun and air. 4. It will not be proper to keep these Sagwan sleepers in an open place in the custody of the Court or with the police as there is every likelihood of the Sagwan sleepers being exposed to Sun and air. If these sleepers are allowed to remain in open then on account of the prospective rains and other environmental effects, chances of damage to the wood can not be ruled out In the facts and circumstances of the case, I think it proper that the Sagwan sleepers, recovered from the trick, may be given on Supurdginama to the petitioner on the conditions which the trial Court may deem just and proper, but, however, it may he made clear that the petitioner will neither change the shape of the Sagwan sleepers nor will he sell them to any other person and will keep the same in his safe custody and will produce the same in the Court as and when desired by the trial Court. 5. In the result, the miscellaneous petition, filed by the petitioner, is allowed. The order passed by the learned Munsif and Judicial Magistrate, Sagwara, on May 22, 1992, is set-aside and the trial Court is directed to give custody of the 244 Sagwan sleepers in question on Supurdginama to the petitioner on the conditions which the learned trial Court may think just and proper including the condition that the petitioner will not sell the 244 Sagwan sleepers nor will he change the shape thereof and will keep the aforesaid Sagwan sleepers in his safe custody.Order accordingly. *******