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1995 DIGILAW 748 (RAJ)

Rajendra Kumar v. State of Rajasthan

1995-08-21

RAJENDRA SAXENA

body1995
JUDGMENT 1. - Heard, Perused the impugned order dated 10.4.95 passed by the Special Judge.(NDPS cases) (ADJ No. 1), Kota in Cr. Misc. Case No. 266/94.The petitioner submitted a photo state copy of the Registration Certificate of Truck No. RJ-14- G-2223. 2. By the impugned order dated 10.4.95, the learned Special Judge accepted the petitioner's application filed under Section 457, Cr.P.C and directed to release the truck No. RJ-14- G-2223, which was seized in criminal case under the NDPS Act and also directed the petitioner to execute Supurdaginama along with two sound & solvent surety bonds each of Rs. 1.25 lacs to the effect that the petitioner shall not sell, transfer or alienate the said truck to any person and shall produce the said truck in the Court as & when ordered. A further condition was also imposed directing the petitioner to file a Bank guarantee to the tune of Rs. 2.50 Lacs. Aggrieved by these additional condition, the petitioner has filed this petition under Section 482, Cr.PC. 3. The only ground which influenced the mind of the learned trial Court for imposing such an onerous condition was that the petitioner has given an incorrect address in the Registration Certificate and shown his residence as Plot No. C-29, Mahesh Nagar, Tonk Road, Jaipur whereas in his application submitted before the trial court the address given by him was C-25, Mahesh Nagar, Jaipur. Thereafter, the petitioner filed an application before the Registering Authority for rectification of his residential address in the registration certificate of the Truck and accordingly, now, in the same, the petitioner's address has been shown as C-25, Mahesh Nagar, Tonk Road, Jaipur. Apparently, due to bona fide mistake, incorrect address had been incorporated in the Registration Certificate of the said Truck. When the trial Court had directed the petitioner to furnish two sound & solvent surety bonds, the condition for filing a bank guarantee of Rs. 2.50 lacs appears to me quite onerous and unjustified, which amounts to abuse of process of the Court. 4. At the time of seizure of the said Truck its value was shown as Rs. Four lacs in the-insurance policy. In such circumstances, to secure ends of justice, the amount of surety bond may be increased from Rs. 1.25 lacs to Rs.4 lacs. 4. At the time of seizure of the said Truck its value was shown as Rs. Four lacs in the-insurance policy. In such circumstances, to secure ends of justice, the amount of surety bond may be increased from Rs. 1.25 lacs to Rs.4 lacs. In the facts and circumstances of the case, I allow this petition and set aside the condition imposed by the learned trial Court for directing the petitioner to submit a bank guarantee to the tune of Rs. 2.50 lacs. However, in the interest of justice, the impugned order is modified and it is ordered that the petitioner besides executing Supurdaginama for an amount of Rs. four lacs along with conditions mentioned in the impugned order, shall also furnish two surety bonds each of Rs. two lacs to the satisfaction of the learned trial Court to the effect that the petitioner shall produce the said truck as & when ordered and that the petitioner shall not sell, transfer or alienate the said truck to any person till the trial of the case.Petition Disposed of By Modifying Conditions of Custody. *******