Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 702 (RAJ)

Prahlad v. State of Rajasthan

2010-03-29

MAHESH BHAGWATI

body2010
JUDGMENT 1. - By way of this criminal misc. petition filed under Section 482 of Criminal Procedure Code the petitioner has prayed to delete the condition of submitting the bank guarantee of Rs. 2,50,000/- for releasing the vehicle in question. 2. Heard the learned counsel for the revisionist and carefully perused the material including the order dated 15th February, 2010 rendered by Additional District Magistrate-I, Alwaras also the order 9th March, 2010 passed by Additional Sessions Judge No. 2, Alwar in revision. 3. Having considered the submissions made by the learned counsel for the revisionist and carefully perused the relevant material on record, it is noticed that one pick - up bearing registration No. R.J-02-G9000 was seized under the provisions of Essential Commodities Act along with 11 drums containing diesel and two jari-canes containing petrol. The learned Additional District Magistrate-I, Alwar found the petitioner Prahlad to be the registered owner of vehicle No. RJ - 02.G - 9000 and ordered to release the vehicle in question on furnishing Bank Guarantee of Rs,5,00,000/-. The learned Additional Sessions Judge No. 2, Alwar in exercise of revisional jurisdiction reduced its amount from Rs. 5,00,000/- to Rs. 2,50,000/- and maintained other conditions of the order. 4. A perusal of the order dated 15th February, 2010 does not reveal as to why the condition of furnishing Bank Guarantee of Rs. 5,00,000/- was imposed while releasing the vehicle in question. Learned Additional Sessions Judge No. 2, also merely reduced the a mount of Bank Guarantee of Rs. 5,00,000/- to Rs. 2,50,000/- but he also did not mention as to why the condition of furnishing the Bank Guarantee is being imposed. Once it was ascertained that the petitioner was the registered owner of the vehicle and detention of the vehicle for a long time shall deteriorate its condition, he thought it proper to release the same on Supardaginamd, it was far from understanding as to why this condition was imposed. To meet the ends of justice, I need to modify the order as follows : 5. The vehicle in question bearing registration No. RJ-02-G-9000 be released to the petitioner on furnishing supardaginama of Rs. 5,00,000/- with a surety of like amount. The rest of the conditions shall remain unchanged. 6. The petition filed under Section 482 of Criminal Procedure Code is allowed. The order dated 9th March, 2010 stands modified as mentioned hereinabove.Petition disposed of. *******