JUDGMENT : D.G. Karia, J. Rule. Mr. N.N. Pandya, learned Addl. Public Prosecutor, waives service of notice of rule on behalf of the respondent. 2. In the facts and circumstances of the case the matter is finally heard today. 3. By this petition, the petitioners have prayed for the custody of the muddanal article that came to be seized on July 15, 1995 by the Raopura Police in connection with C.R. No. 154/ 95 of Raopura Police Station, Baroda, for the alleged offences under Sections 420, 487 and 120B of the Indian Penal Code and Section 81 of the Trade & Merchandise Marks Act. It appears that there is no complaint of any person complaining breach of imitation of his trade mark. Petitioners, by their application dated July 21, 1995 requested the learned Judicial Magistrate, First Class, Baroda, to release the seized in the aforesaid C.R. No. However, the same application came to be rejected by the learned Magistrate on September 28, 1995. Thereupon, the petitioners preferred Revision Application in the Sessions Court, Baroda, who, by the impugned order partly allowed the Revision Application, and ordered or to hand over the cast or oil to the petitioners on their executing bond of Rs. 10,0(X)/- and the surety in the like amount and on the condition that they should produce the said commodity as and when so ordered. The petitioners have challenged the said order with a further prayer to order the release of the other items that were seized by the Raopura Police Station. The lists of the not aural Articles that were seized are at Annexere'B1" at page 46. 4. I have heard Mr. N.N. Pandya, the learned Addl. Public Prosecutor, on behalf of the respondent. There is nothing on the record to show that the seized not freely avail able in the open market, nor it is the case of the prosecution that the sale or purchase of such commodity is prohibited or banned in the open market. It is the case of the petitioners that they want to manufacture brake-oils and other oils out of the Iuquid commodity and to place them in the open market for sale, after obtaining necessary permission from the Municipal Corporation as well as from the concerned authorities. Therefore, the finding of the learned Judge that sale of such brake-oil, etc. It is the case of the petitioners that they want to manufacture brake-oils and other oils out of the Iuquid commodity and to place them in the open market for sale, after obtaining necessary permission from the Municipal Corporation as well as from the concerned authorities. Therefore, the finding of the learned Judge that sale of such brake-oil, etc. would occasion to cheating of the general public, has no basis or justification. There is also no material to come to the conclusion at this stage that such commodity on being sold in open market would entail accidents, etc. The other items are of the containers, etc. In the facts and circumstances of the case, I see no reason of retaining and not handing over the muddanal articles to the petitioner. Under the circumstances, the petition deserves to be allowed. 5. In the result, the impugned order is modified and all the muddanal articles listed at Annexure 13-1' are ordered to be handed over to the petitioners, on each of them executing security of Rs. 25, O(K)/- (Rupees twenty-five thousand only) and surety in the like amount. Rule is accordingly made absolute. AUGUST8 Rule made absolute.