JUDGMENT This is an application under section 482 of the Code of Criminal Procedure. The petitioner No.2 is a contractor of country made liquor and he had a contract licence for 19 shops in District Gwalior, including the shop situated at Rairu. In pursuance of the said licence the petitioner No.2 applied for supply of 300 litres of country-made liquor for Rairu shop and he deposited the requisite amount vide bank challan. The liquor was being transported by vehicle No. M.P. 04-J 0356 belonging to the petitioner No.1 and the petitioner No.1 is the registered owner of the same. The said vehicle is registered with the R.T.O., Bhopal. In pursuance of the issuance of 400 bottles of country-made liquor, the same was being transported in two different jeeps for the sake of facility. 400 bottles of liquor was a big bulk and such a big bulk would cause a lot of breakage in carrying single jeep because of overloading. To avoid this breakage two vehicles were used. On 18.3.93 while there was general checking at the main road nearby Purani Chhavani Check-Post, the vehicle No. M.P. 04-J 0356 was seized by the police under a suspicion. The petitioners moved the J.M.F.C., Gwalior for release of the vehicle No., MP. 04-J 0356, but he rejected the application saying that vehicle is registered at Bhopal and it would be difficult to restore the custody of the vehicle. A revision was preferred against this order before the Add!. Sessions Judge, Gwalior who also dismissed the same. Aggrieved by the said order the present petition has been moved. I have perused the impugned order. The learned Judge has rejected the petition on the ground that no permit was granted to transport liquor by the vehicle concerned and no such order was produced before the Magistrate. The main reason for the rejection of the application is that the vehicle is registered at Bhopal and that no permit for transporting liquor by the concerned vehicle was produced. The petitioners say that they are suffering loss on account of detention of the said jeep for the last more than a year. The petitioner No.1 is prepared to offer adequate security and the vehicle will be produced in Court as and when required. It is significant to note that the petitioners No.1 is registered owner of the vehicle. The vehicle is undisputedly lying in police custody.
The petitioner No.1 is prepared to offer adequate security and the vehicle will be produced in Court as and when required. It is significant to note that the petitioners No.1 is registered owner of the vehicle. The vehicle is undisputedly lying in police custody. The presence of the vehicle can be ensured by asking for adequate security thereof. The vehicle will be more safe in the hands of the registered owner rather than police custody. In the interest of justice, therefore, it is directed that the vehicle (No. MP04-J 0356) may be released in favour of the petitioner No.1 provided he produces two adequate surities of Rs. one lac each, and one personal bond in the like amount for its production at the time of hearing before the Magistrate concerned, to his satisfaction. The petition is disposed of accordingly.