Judgment N. L. TIBREWAL, J. ( 1 ) THIS petition under Section 482 Cr. P. C. has been filed by the petitioner, being aggrieved against the order dt. December 18, 1990 passed by the learned Chief Judicial Magistrate (Economic Offences) Rajasthan Jaipur, by which he declined to grant interim custody of Jonga Jeep No. RPK 2865. The facts of the case are that fin September 30, 1990, Jonga Jeep No. RPK 2065 was intercepted and silver bars in huge quantity were recovered which were smuggled from Pakistan. In the Jeep Dungar Singh who is the real brother of the petitioner, and one Narain Singh were present. Dungar Singh and Narain Singh were arrested and the Jeep was brought to police station, Sadar-Barmer. At present the Jeep is lying at the office of Custom Department at Barmer. ( 2 ) THE petitioner moved an application under section 457 Cr. P. C. before the learned Chief Judicial Magistrate (Economic Offences) Rajasthan, Jaipur, which the concerned court, for the custody/deliver of the Jeep. The learned Chief Judicial Magistrate rejected the said application on the ground that the said Jeep is liable to be forfeited to the state under the provisions of the Customs Act ( 3 ) I have heard the learned counsel for the petitioner and Mr. Praveen Balwada for the Custom Department. Mr. Balwada admitted this fact that if the said jeep is allowed to remain lying at a open place, then there are every possibility that by the time when the matter is decided finally, the Jeep may be completely damaged/destroyed, and as such, a proper order should be passed keeping in view that the said Jeep be not used by the petitioner or any other person for repeating the offence of smuggling of contraband articles. ( 4 ) AFTER hearing both the learned counsel for the parties, I am of the view that the Jeep should not be kept lying at a open place and the same should be delivered in the custody of the petitioner: who is the registered owner of the said Jeep, but subject to such conditions which may safeguard the interest of all the parties. ( 5 ) IT is, therefore, directed that Jonga Jeep No. RPK 2865 shall be delivered to the petitioner on the following conditions; (1) that the petitioner shall furnish a Supurdaginama in the sum of Rs. ( 5 ) IT is, therefore, directed that Jonga Jeep No. RPK 2865 shall be delivered to the petitioner on the following conditions; (1) that the petitioner shall furnish a Supurdaginama in the sum of Rs. 100,000/- and solvent sooty of Rs. 100,000/- to the satisfaction of the Chief Judicial Magistrate (Economic Offences) Rajasthan, Jaipur; Chief Judicial Magistrate (Economic Offences) Rajasthan, Jaipur; (2) that the petitioner shall produce the said Jeep during the enquiry or trial of the case or as and when called upon to do so by the Chief Judicial Magistrate (Economic Offences) Rajasthan. Jaipur or any other court; (3) that the petitioner shall not make any alteration in ,the body of the Jeep, he will not change the colour of the Jeep and he shall keep it in the same condition as it delivered to him. If any alteration is needed then he shall seek prior permission of the aforesaid, court; (4) Before giving delivery of the Jeep atleast three coloured photographs of cabinet size, shall be obtained from different angles showing the number of the Jeep and the box fitted in the Jeep from where the Silver bars have been covered. (5) The petitioner shall not transfer or otherwise disposed of the aforesaid Jeep till the matter finally adjudicated. (6) The petitioner shall produce the jeep in the first week of every month before the S. H. O. police station, Sadar, Barmer for his inspection: (7) The Jeep shall not be used for repeating such similar offences in future. ( 6 ) IF any of the aforesaid conditions is violated by the petitioner then it will be open for the learned public prosecutor or the Customs Department to move an application before the learned Chief Judicial Magistrate (Economic Offences) Rajasthan, Jaipur to get back the aforesaid Jeep from the petitioner without any reference of this Court. ( 7 ) THE petition is disposed of as indicated as above. Petition disposed of.