Judgment 1. Prayer in this petition is, for setting aside the order dated 17/9/2004, passed by the Additional Sessions Judge, Mansa. Counsel for the petitioner, confines prayer in the present petition, to the legality of the terms and conditions imposed by the additional Sessions Judge, while directing release of the seized goods, to the petitioner. 2. Counsel for the petitioner contends that the goods were seized on 26.7.2003 and ordered to be released on 17.9.2004. As the goods were perishable, the learned Court below should have assessed the depreciated value of the goods and only thereafter, proceeded to impose terms and conditions, for their release. The learned Court below, however, imposed terms and conditions, on the basis of the invoice value of the goods. It is further argued that a bank guarantee would impose unnecessary financial burden upon the petitioner and would in essence, deny benefit of the impugned order, to the petitioner. 3. Counsel for the respondent on the other hand states that the impugned order does not suffer from any illegality or infirmity. The conditions for release have been rightly imposed. I have heard learned counsel for the parties and perused the impugned order dated 17/9/2004. 4. Admittedly, the goods seized were perishable. They were seized on 26/7/2003 and ordered to be released on 17/9/2004. The learned court below was required, before directing their release, to assess whether the goods were perishable and thereafter determine their depreciated value. The learned Court below has failed to assess the depreciated value of the goods but proceed to value them on the basis of the invoice value. 5. In this view of the matter, the conditions imposed, for release of the goods on Sapurdari are set aside and the matter is remitted to the additional Sessions Judge,mansa, to consider, afresh, the value of the goods and only thereafter, order their release by imposing such terms and conditions, as it may deem appropriate, in accordance with law. Parties are directed to appear before the Additional Sessions judge, Mansa on 10/8/2006, who shall thereafter, decide the application for release of goods on Sapurdari, within a fortnight. The present petition stands disposed of accordingly.