JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and gone through the record of the case.This petition has been filed under sections. 482 Criminal Penal Code against the order dated 19.7.2002 passed by Additional Sessions Judge No. 1 Sri Ganganagar whereby the revision petition preferred by the petitioner has been dismissed by the Additional Sessions Judge and he confirmed the order of the Civil Judge (J.D.) & Judicial Magistrate Ist Class, Sadulsahar. 2. Brief facts of the case are that on 26.9.2001, SHO, Police Station Lalgarh Jattan has seized the tractor No. RJK 4578 with trolly and some forest produce was also recovered. Moreover, there was no transit pass and charge-sheet under sections. 41 & 42 of Forest Act has been filed against Surendra Kumar. Learned counsel for the petitioner states that the tractor and trolly belongs to Mahendra Singh, who is registered owner of the vehicle and this offence has been committed without his knowledge and the value of the goods is very small. In these circumstances, the tractor and trolly should not be confiscated in the final stage. The vehicle is lying in the Police Station and both the lower Court has not exercised the jurisdiction correctly for releasing the vehicle. The tractor and trolly seized by SHO, Police Station Lalgarh Jattan in connection with the FIR No. 230/2001 should have been released on Superdginama. Learned Public Prosecutor opposed this petition. 3. I have gone through the police papers as well as the orders of both the Courts below. Lower Court has relied upon a judgment of the Hon'ble Supreme Court in the case of State of Karnataka v. K. Krishan, Cr.L.R. (SC) 657 wherein it has been held that ordinarily in forest offence the vehicle should not be released and the same is liable to be confiscated and if at all released then, bank guarantee should be taken out in exceptional circumstances, the vehicle can be released. 4. Looking to the facts and circumstances of the case, this petition is allowed and it is directed that the Tractor No. RJK- 4578 along with trolly be released on furnishing personal Superdginama of Rs. 1,00,000/- along with one surety in the sum of Rs. 4. Looking to the facts and circumstances of the case, this petition is allowed and it is directed that the Tractor No. RJK- 4578 along with trolly be released on furnishing personal Superdginama of Rs. 1,00,000/- along with one surety in the sum of Rs. 1,00,000/- to the petitioner with the condition that he will produce the said vehicle as and when ordered by the lower Court and will not transfer and alinate and sell the said vehicle and will not change the condition of the tractor and trolly till the final disposal of the matter.Petition allowed *******