Prahlad vs State of Rajasthan

Mahesh Bhagwati, J.—By way of this criminal misc. petition filed u/s 482 of Code of Criminal Procedure the Petitioner has prayed to delete the condition of submitting the bank guarantee of Rs. 2,50,000 for releasing the vehicle in question.

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.

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-G-9000 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.

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 amount 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:

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.

The petition filed u/s 482 of Code of Criminal Procedure is allowed. The Order dated 9th March, 2010 stands modified as mentioned hereinabove.