JUDGMENT 1. - Heard both the parties at admission stage. 2. Learned counsel for the petitioner states that the said vehicles was seized by DTO on 23.12.2003. At that time, driver was not having the Registration certificate and the vehicle was being used for commercial purposes as loading vehicle. The tax was also not deposited as per provisions of Sections 17(2) of the Motor Vehicles Act. The tax in the sum of Rs.38,108/- is due and the penalty over the due tax is Rs. 53,326/- and therefore, the total amount of Rs. 91,434/- is due from the petitioner since Jan., 2004. He further states that jeep is lying in the police custody and if the same is not released, it will be ruined as the trial of the case will take long time. Learned trial court has dismissed the application filed under Section 457 Cr.P.C. for releasing the vehicle on interim custody. He further states that petitioner is ready to deposit the tax in the sum of Rs. 38,108/- and so far as penalty is concerned, he states that petitioner wants to move before the appropriate Authority, therefore, in the meantime, the said vehicle may be released on 'Supardginama'. 3. Learned Public Prosecutor has supported the order of learned Chief Judicial Magistrate and states that penalty over the due tax should also be paid by the petitioner. In case, the said vehicle is released security may also be taken from the petitioner. 4. I have considered the rival arguments advanced by both the parties and also gone through the order dated 25.2.2004 passed by learned Additional Chief Judicial magistrate No. 1, Chittorgarh. At the time of seizure of vehicle, no tax was determined. The tax was determined on 4.3.2004 and notice of demand in the sum of Rs. 91,434/- was issued to the petitioner. Petitioner is ready to deposit the amount of tax i.e. Rs. 38,108/- and for the penalty purpose, he want to file an appeal before the appropriate Authority. 5. Looking to the facts and circumstances of the case, the misc. petition is allowed and the order dated 25.2.2004 passed by learned Additional Chief Judicial Magistrate No. 1, Chittorgarh is set aside. It is ordered that the Jeep No. RJ 09 227 shall be released on 'Supardginama' to the petitioner provided he furnishes a personal bond in the sum of Rs. petition is allowed and the order dated 25.2.2004 passed by learned Additional Chief Judicial Magistrate No. 1, Chittorgarh is set aside. It is ordered that the Jeep No. RJ 09 227 shall be released on 'Supardginama' to the petitioner provided he furnishes a personal bond in the sum of Rs. 2,00,000/- with a surety of the like amount to the satisfaction of the concerned District Transport Officer with the following conditions : 1. That he wilt keep the said vehicle present in the court as and when required; 2. That he will not transfer or given the said vehicle to any other person nor he will part with the possession of the said vehicle; 3. That he will not change the shape or body of the said vehicle; 4. That petitioner will also furnish a security in the sum of Rs. 53,326/. Petition allowed as per conditions of order. *******