S.B. CRIMINAL MISC. PETITION NO. 1489/2008 Date : 16.12.2008 HON'BLE MR. C.M. TOTLA, J. Mr. Ravi Paliwal for the petitioner. Mr. V.R. Mehta, P.P. = = = = Preferring instant petition under Section 482 Cr.P.C, petitioner requests that seized vehicle Tractor may be given to his custody on superdginama and surety of appropriate amount. Learned counsel for the petitioner argued that vehicle is alleged to have been seized because of transporting 2700 litres of diesel without licence. Argued that the vehicle is no more required in investigation and that petitioner is the registered owner. The learned lower court without any valid reason rejected the application. Also submitted that because of non-availability of tractor, the petitioner is facing trouble in his work. Learned Public Prosecutor submitted that though 2700 litres of diesel is said to have been transported but as investigation is complete, the same may be given on appropriate conditions. Considered and perused the order of learned Magistrate dated 14.10.08 and of learned revisional court dated 03.11.08. Petitioner submitted copies of registration in his favour. In tractor trolley found were carrying 2700 litres of diesel. The value of tractor and trolley is said to be around 1.5 -2 lacs. The vehicle is lying un-used for about six months, so every possibility may be on its destruction, if continued to be so. Considering above, it is appropriate to release the vehicle on surety and superdginama alongwith bank guarantee of appropriate amount. Accordingly, the petition is allowed and it is directed that the vehicle tractor trolley No. RJ 31 R-0173 seized in FIR No. 218/08 P.S. Rawatsar in Case No. 718/08 before Chief Judicial Magistrate, Hanumangarh be released and given in custody of the petitioner on superdginama and surety of an appropriate amount alongwith bank guarantee of Rs. 35,000/- for complying with the terms and conditions to be imposed. The amount of superdgi and surety in addition to bank guarantee and also the terms and conditions shall be determined by the learned Magistrate who shall also ascertain that petitioner is registered owner having all necessary documents as per provisions of Motor Vehicles Act. The Bank guarantee may be by way of FDR for a period not less than two years and the amount payable only to the person and as per orders of the Court with absolutely n o facility like pre-mature withdrawal or loan etc. (C.M. TOTLA), J.