1 IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Rajendra Singh. Versus State of Rajasthan. S.B. Criminal Misc. Petition No.987/2006 ... Date of Order: July 17, 2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. Pradeep Choudhary, for the petitioner. Mr. Ashok Upadhyaya, Public Prosecutor for the State. BY THE COURT: This criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Code” hereinafter) is directed against the order dated 25-7-2006 passed by the Additional Sessions Judge No.2, Bhilwara (for short, “the Revisional Court” hereinafter) in Criminal Revision Petition No.24/2006, whereby the revision petition filed by the petitioner against the order dated 26-5-2006 passed by the Judicial Magistrate No.2, Bhilwara (for short, “the trial Court” hereinafter) was dismissed. I have heard learned counsel for the parties. Carefully gone though the orders passed by both the Courts below. 2 It appears that the truck No.RJ-06-G-1107 was seized by the police alleged to have been found transporting the forest produce in violation of the provisions of Sections 41 and 42 of the Forest Act. The petitioner, being the registered owner of the vehicle, filed an application under Section 457 of the Code before the trial Court seeking interim custody of the said vehicle during pendency of the case. That application came to be dismissed by the trial Court. On a revision, the Revisional Court did not interfere with the order of the trial Court and dismissed the revision petition vide impugned order. Learned counsel for the petitioner submits that on similar facts, this Court, in S.B. Criminal Misc. Petition No.986/2006 decided on 15-11-2006, directed to release the vehicle No.RJ-21G-2477 in favour of the petitioner therein on furnishing the bank guarantee of Rs. One lac for one year as also a solvent security for the remaining amount of Rs. Three lac, therefore, the instant miscellaneous petition may also be allowed in the same terms. Having regard to the facts and circumstances of the case, in my view, no useful purpose would be served in allowing the vehicle in question to remain at the Police Station for an indefinite period open to sky and expose to heat and, therefore, the said vehicle deserves to be released in favour of the petitioner on furnishing a bank guarantee for Rs. One lac for six 3 months and a solvent security in amount of Rs. Three lac. Accordingly, the impugned orders passed by the trial Court and the Revisional Court are set aside and it is directed that truck No. RJ-06G-1107 be released in favour of the petitioner, provided he furnishes a bank guarantee in the sum of Rs. one lac for a period of six months and a solvent security for the remaining amount of Rs. Three lac to the satisfaction of the trial Court with the incorporation in the bond that the petitioner shall not transfer or alienate the vehicle in question and shall produce it before the trial Court as and when directed to do so and shall keep the vehicle in a good condition during pendency of the case. (H.R. PANWAR), J. mcs