JUDGMENT 1. - Mr. Maheshwari states that the petitioner had purchased the excavator and the tax if at all due is from 1.4.1997. He states that his client is willing to deposit Rs. 15,000/- under protest against the tax. Relying on the judgment of this Court in S.B.Cr. Misc. Petition No. 260/99 - M/s. Shree Engineering v. State of Rajasthan, decided on 6.4.1999 , he prays that the excavator bearing Registration No. RJ- 19/E-0670 may be handed over to the petitioner. 2. Mr. Kothari states that the respondent has no objection to the release of the excavator if the petitioner deposits Rs. 15,000/- against tax and furnishes security. 3. Having considered the submission, it is directed that the excavator No. RJ-19/E/0670 may be released to the petitioner on the following conditions. (i) that he shall furnish a Supardaginama in the sum of Rupees seven lacs with a solvent surety in the like amount to the satisfaction of Judicial Magistrate, Barmer, (ii) that he shall produce the said excavator during the enquiry or trial of the case or as and when called upon to do so by the Judicial Magistrate, Banner or any other Court, (iii) that he shall not make any alteration in the body of the excavator. He will not change the colour of the excavator and shall keep it in the same condition as it is delivered to him. If any alteration is needed then he shall seek prior permission of the aforesaid Court, (iv) that he shall not transfer or otherwise dispose of the aforesaid excavator till the matter is finally adjudicated, and (v) that the petitioner shall deposit a sum of Rs. 15,000/-. 4. If any of the aforesaid conditions No. (i) to (iv) is violated by the petitioner then it will be open for the learned Pubic Prosecutor/the District Transport Officer to make an application before the Judicial Magistrate, Barmer to get back the aforesaid excavator from the petitioner and the Magistrate shall decide the application after hearing all the concerned parties without reference to this Court. 5. This petition is disposed of as indicated above.Petition allowed. *******