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2005 DIGILAW 2793 (RAJ)

Ramratan v. State of Rajasthan

2005-10-24

J.R.GOYAL

body2005
JUDGMENT 1. - The petitioners have filed the petition under S.482 Cr.P.C. against the order dated 16.8.2005 passed by Additional Sessions Judge, Dholpur. 2. It is contended on behalf of the petitioners that they are the owners of the tractor bearing registration No.RJ HR 3955 with trolley, which was seized on the accusation that sand (bajri) was being transported by the tractor-trolley from the forest area and a case under Ss.41,42 of the Rajasthan Forest Act, 1953 and under Ss.29,39 and 50 of the Wild Life (Protection) Act, 1972 was registered. Thereafter the petitioners submitted and application under S.457 Cr.P.C. before the concerned Magistrate with the prayer that their vehicle may be released on 'supurdginama', which was allowed subject to furnishing 'supurdginama' and 'jamanatnama' of Rs. 3,50,000/-each, and bank guarantee of Rs. 50,000/ - along with other conditions. Feeling aggrieved by the condition of furnishing bank guarantee, the petitioner preferred the revision, which was partly allowed and the amount of Rs. 50,000/- was reduced to Rs. 35,000/-, against which this petition is filed on the ground that there is no statutory requirement to furnish any bank guarantee. 3. Learned Public Prosecutor does not dispute the contention of the counsel for petitioners that there is no statutory requirement about filing of any bank guarantee, as directed by the lower court. 4. I have considered the rival contentions and perused the impugned order. Allegation was levelled that by the tractor- trolley, which was seized by the police, sand (bajri) was being transported from the forest area. When there is not statutory requirement about filing of bank guarantee then there is no necessity to impose such a condition while releasing a vehicle under S.457 Cr.P.C. Such conditions are imposed only to secure production of the vehicle before the court as and when an order is passed in that regard. If amount of surety or 'superdginama' is not adequate, then it can be increased. In these circumstances, this petition is allowed, the condition relating to furnishing of bank guarantee by the petitioners in this case is set aside. The tractor and trolley be released or handed over to the petitioners on their furnishing 'supurdginama' and 'jamanatnama' of Rs. 3,50,000/- each, as ordered by the lower court.This petition stands disposed of accordingly.Order Accordingly. *******