1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Writ Petition No. 242 of 2010 Satish s/o Bansilal Somani Petitioner Versus The State of Maharashtra Respondents and others ... Mr. A. B. More, Advocate for the petitioner Mr. N.H. Borade, APP for the respondents/ State ... CORAM : A.V. NIRGUDE, J. DATE : 30th March, 2010 PER COURT : 1. Heard. 2. The petitioner has challenged the order dated 3rd March, 2010. passed by the Additional Collector, Latur, imposing condition of furnishing bank guarantee for releasing the truck belonging to the petitioner, which came to be seized in connection with Cr. No. 302 of 2009, under Section 7 read with Section 3 of the Essential Commodities Act. on 28th September, 2009, under Section 6-A of the Act. 3. The proceedings under Section 6-A of the Essential Commodities Act are undertaken for the purpose of interalia deciding as to what should be done to the vehicle seized in connection with offences punishable under the Essential Commodities Act pending the trial of the case. The provisions of Section 6-A of the Act are almost similar to provisions of Section 451 of Code of Criminal Procedure. The Courts, while passing such order under Section 451 of Code of Criminal 2 Procedure, generally impose appropriate condition upon the applicant for getting the movable article in his custody during pendency of the appeal. But, by the impugned order, the learned Additional Collector imposed rather onerous condition on the petitioner that he should furnish bank guarantee of the amount which would be equal to the valuation of the vehicle in question. He further directed that the Regional Transport Officer shall decide the value of the vehicle in question. Giving bank guarantee involves procedure akin to seeking loan from a bank. The vehicle in question is in police station since last more than six months. On the face of it, the petitioner has already suffered heavy loss due to seizure of the vehicle and it being kept beyond his reach from last six months. In addition, if a vehicle is kept idle, its condition would get deteriorated. In such situation, I am of the view that the petitioner deserves relaxation of the condition for release of the vehicle. The petitioner shall furnish solvent security to the tune of Rs.3,00,000/- (Rupees Three Lacs) to the satisfaction of the Additional Collector, Latur, for release of the vehicle. 4. With above directions, the Writ Petition is disposed of. [ A. V. NIRGUDE, J. ] srm/criwp242.10