JUDGMENT 1. - Heard the learned counsel for the petitioner. 2. Admit. 3. Issue notice to the non-petitioner. The learned Public Prosecutor is directed to accept the notice on behalf of the non-petitioner (State) and he accepts the same. Therefore, the service is complete. 4. Both the parties agree that the petition be disposed of today. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. This petition under section 482 Cr.P.C. is directed against the order dated 14.10.1997 passed by the learned Special Judge, NDPS Act Cases, Chittorgarh in Criminal Misc. Petition No. 205/97, whereby the learned Special Judge declined to give the motor cycle which had been seized by the Police in connection with the offence under the NDPS Act to the petitioner because of two reasons firstly, that the petitioner was not shown to be the owner of the motor cycle and secondly, that the motor cycle was involved in the commission of the offence under the NDPS Act. 7. The learned counsel for the petitioner has submitted that on 14.10.1997, the date on which the impugned order of the learned Special Judge was passed, the motor cycle was not entered in the name of the petitioner but later on the motor cycle has been transferred to the petitioner and necessary correction has been made in the registration certificate and other documents and, therefore, the petitioner has now become entitled to get the motor cycle on 'supurdginama'. It is also submitted by him that the rejection of the application on the ground that the motor cycle was involved in the commission of the offence under the NDPS Act, without considering whether it was necessary to give the motor cycle in the `supurdagi' of any person under section 451 Cr.P.C. so as to ensure the safety of the motor cycle was not proper. 8. The learned Public Prosecutor has supported the order passed by the learned Special Judge.In the facts and circumstances of the case the order passed by the learned Special Judge is set aside. He is directed to re-consider the application of the petitioner under section 451 Cr.P.C. afresh in light of the observation made in this order. The petitioner shall be at liberty to produce the documents to establish that he is entitled to obtain the motor cycle at 'supurdaginama'. He is directed to re-consider the application of the petitioner under section 451 Cr.P.C. afresh in light of the observation made in this order. The petitioner shall be at liberty to produce the documents to establish that he is entitled to obtain the motor cycle at 'supurdaginama'. Needless to point out that in several cases this Court has held that the motor vehicles if they are allowed to be kept at the Police Station or other places where there is no adequate arrangement for keeping them safely are likely to be damaged by rain etc., and therefore, it would be in the interest of justice if suitable orders are passed by the Court under section 451 Cr.P.C. to ensure the safety. If after the close of the trial an order for the confiscation is passed the person in whose 'supurdagi' the motor vehicle is given will have to produce the same before the Court as and when directed to do so and thereafter the order of confiscation of he vehicle may be given effect to. The order which may be passed by a Court under section 451 Cr.P.C. has a limited purpose of protecting the vehicle from loss, damage etc. during the pendency of the investigation, inquiry or trial. While disposing of the application under section 451 Cr.P.C. it is expected that the learned Special Judge shall pay heed to the cases decided by this Court relating to application under section 451 Cr.P.C. and pass orders according to law. 9. The petition is disposed of accordingly. A copy of the order be sent to the learned Special Judge, NDPS Act Cases, Chittorgarh for information and necessary action.Orders accordingly. *******