Poonaram Nagpure vs State of Chhattisgarh

Fakhruddin, J.—Heard finally.

Counsel for the applicant has filed this petition on the ground that while directing handing over the vehicle on Supurdnama, learned Collector, Durg in Case No. 2/2004, dated 8- 3-2004, has directed to furnish hank guarantee of Rs. 2,50,000A.

Learned Counsel for the applicant submitted that the conditions imposed for return of vehicle is onerous. It is also submitted that the direction to furnish the bank guarantee of Rs. 2,50,000/- is not at all justified. So far as handing over the vehicle on Supurdnama is concerned reliance has been placed on a decision of the Hon''ble Supreme Court in the case of Sunderbhai Ambalal Desai v. State of Gujrat, reported in AIR 2002 SC 5301, decision of the Andhra Pradesh High Court in case of Baligera Bheemudu v. State of Andhra Pradesh, reported in 1993 (4) Cr 1074 and further reliance has been placed on a decision of this Court in case of Vishal Agrawal v. State of Chhattisgarh, reported in 2003(2) M.P.H.T. 46 (CG) = 2003 (1) MPLJ 71. The contention is that if the vehicle is not liable to be confiscated then the security can not be demanded but if it is liable for confiscation then the conditions can be imposed to furnish security. It is submitted that imposing the condition like the present one results in depriving of handing over the vehicle on Supurdnama to the applicant.

Having thus considered the facts and circumstances of the case, material on record and in view of the decision of the Apex Court in Sunderbhai Ambalal Desai (supra) case and that of this Court in Vishal Agrawal (supra), in the opinion of this Court, ends of justice will be served if the onerous condition furnishing bank guarantee is dispensed with in this case. Let security of Rs. 2,50,000/- be furnished instead of furnishing bank guarantee. On such security being furnished, the vehicle shall be handed over to the applicant by the Court concerned on usual undertaking. It is directed that the vehicle shall be produced as and when directed. It will not be misused and if any of the condition is not followed, the vehicle will be liable to be seized.

This petition is accordingly disposed of.