JUDGMENT 1. - The petitioner is the owner of truck No. CCA 688 which was seized on 21st April, 1987 near Bagru and it was found that it was carrying four bags containing 105kg. of opium. He applied for releasing the truck in his favour but the learned Sessions Judge, Jaipur District, Jaipur refused this application on 1st August, 1987. The main reason given is that under the Amended Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the Act) the vehicle in which such a drug is transported is also liable to be forfeited. 2. The learned counsel for the petitioner has contended that the truck is lying in the open place and if it is left there indefinitely, then it would became useless and the petitioner shall be put to great loss. Reliance has been placed on Daulat Ram v. The State of Rajasthan (1982 Raj. Criminal Cases 101) wherein it has been held that no useful purpose will be served by keeping the jeep from which opium was recovered and allowing it to be damaged during pendency of the trial Court has in S.B. Criminal Misc. Petition No. 306/84 Ramlal v. State decided on 29th August 1985 and Surender v. The State of Rajasthan (S.B. Criminal Misc. Petition No. 49/85) decided on 29th January, 1985 has released the truck on heavy surety. 3. No doubt, after the amendment in the Act, a truck or a vehicle in which the opium or other some commodity is transported is liable to be confiscated but before passing of such an order, it is necessary to make arrangements for the safe custody of the vehicle. If it is allowed to remain in the open place at police station then no one will take care of it and the condition shall be deteriorated if it is ordered to be confiscated What is required during the pendency of the trial is to make arrangement that the truck remain in the present condition and is produced before the court as and when it is called for. 4. Considering the circumstances, it is directed that the truck shall be released on Supurdginama to the petitioner on his production of registration certificate and on his satisfying the following conditions: (1) He shall furnish a personal security in the sum of Rs. 2,50,000/-(two lakh fifty thousand) and two sureties in the sum of Rs.
4. Considering the circumstances, it is directed that the truck shall be released on Supurdginama to the petitioner on his production of registration certificate and on his satisfying the following conditions: (1) He shall furnish a personal security in the sum of Rs. 2,50,000/-(two lakh fifty thousand) and two sureties in the sum of Rs. 1,25,000/- each to the satisfaction of the trial Court with the condition that the truck shall be produced in court as and when required to do so; (ii) the petitioner shall also get the truck photographed showing the registration number as well as the chamber taken in the presence of the investigating officer to be kept on the file of the case. The photographs shall be submitted in duplicate; (iii) the petitioner shall not transfer the ownership of the truck and shall not leased it to any one and shall not make any changes in it so as to make it unidentifiable. 5. Accordingly, this petition is accepted.Petition accepted. *******