JUDGMENT 1. 1. By this Misc. Petition Under section 482 Criminal Procedure Code, the petitioner has prayed that the vehicle Truck No. HRU 2394 be given to the petitioner on supurdaginama. 2. The facts of the case are that the vehicle Truck No. HRU 2394 has been seized by the Sub-Inspector, Flying Squad, D.T.O., Alwar on 10.10.95 under section 207 of the Motor Vehicles Act and Under section 17 of Rajasthan Motor Vehicle Taxation Act. 3. The petitioner moved an application before the Additional Chief Judicial Magistrate, Behror, District Alwar for giving the vehicle Truck No. HRU 2394 on supurdaginama as he is the owner of the vehicle, but the prayer of the petitioner has been rejected by the A.C.J.M., Behror on the ground that petitioner has failed to deposit the required tax under law. 4. Mr. Ravi Shankar Sharma, counsel for the petitioner submits that the petitioner is a registered owner of the vehicle and the vehicle is registered in Haryana State. The petitioner always ply the vehicle in Haryana State. Sometime only three kilometers of the road in Rajasthan is used. He has also submitted that no purpose will be served to keep the vehicle in custody as the condition of the truck is deteriorating day by day, therefore, in the interest of justice, the vehicle be released on supurdaginama. 5. Mr. Sharma has also placed reliance on the order of this Court dated 14.2.92 in case of Kapoor Chand v. State of Raj., 1992 RCC 527 . 6. Heard learned counsel for the petitioner and learned PP for the State. It is admitted fact in this case that petitioner is registered owner of the vehicle Truck No. HRU 2394. The petitioner is only claimant of the vehicle, none else has applied for supurdaginama of the truck. No useful purpose will be served in keeping the vehicle in custody. If the truck is not given on supurdaginama, its condition will be deteriorated. Therefore, I am inclined to release the vehicle on supurdaginama on the following conditions:- (i) he shall furnish a personal security bond in the sum of Rs. 2,00,000/- (Rs. two lacs) and two sureties bonds in the sum of Rs.
If the truck is not given on supurdaginama, its condition will be deteriorated. Therefore, I am inclined to release the vehicle on supurdaginama on the following conditions:- (i) he shall furnish a personal security bond in the sum of Rs. 2,00,000/- (Rs. two lacs) and two sureties bonds in the sum of Rs. 1,00,000/- each, to the satisfaction of the trial Court with the condition that the vehicle shall be produced in Court as and when required to do so; (ii) he shall not transfer or otherwise dispose of the vehicle to anyone else and also shall not make any change in its body or colour till further orders; (iii) he shall submit a photostat copy of the registration certificate of the vehicle in the trial Court; (iv) he shall also file an undertaking in the trial Court that the vehicle shall not be used for commission of any offence; and (v) before giving the custody of the vehicle, three coloured photographs of cabinet size from different angles (showing the registration number) shall be kept in the file of the case. The expenses of the photographs shall be borne by the petitioner. In the result, the misc. petition is allowed as indicated above. Petition Allowed. *******