1 S.87 S. B. CRIMINAL MISC. PETITION NO. 1172/2008 RAN VIR V. STATE OF RAJASTHAN. DATE : 26-09-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. N.R.Budania, Petitioner (s). Mr. S. N. Tiwari, PP, for the State. By the present instant petition under Section 482, Cr.P.C., petitioner requests custody of vehicle No. RJ 13 GA 1230 – seized as allegedly involved in offence under Section 41-42 of the Forest Act registering FIR No.185/08, Police Station, Vijaynagar, District – Sri Ganganagar. Application is accepted by the learned Magistrate, but only on furnishing of bank guarantee of Rs.60,000/- which order is upheld in revision by the Sessions Judge vide order dated 12.8.08. On behalf of the petitioner contended that th petitioner is registered owner - wood alleged to be seized only firewood – quantity is not much - weight is about 15 quintals which is not dry wood said to be freshly cut. Argued that vehicle is lying unused & in open for about two months and shall be rendered value-less if continuously lying there. Learned Public Prosecutor stated that appropriate order may be passed. In appropriate cases, Bank guarantee or equivalent security may be ordered. In this particular case, two months have elapsed since vehicle was seized and alleged is transportation of about 15 quintal – fresh cut woods of Khejri and Keekar, so in the totality of facts, condition of furnishing Bank guarantee deserves to be set aside. Accordingly, the petition is disposed of. The order of learned Magistrate, directing furnishing of Bank guarantee of Rs.60,000/- (for releasing vehicle in FIR No. 185/08, Police Station – Vijaynagar District – 2 Sri Ganganagar) is set aside and it is directed that the vehicle may be released and given on Supurdginama and surety of amount and/or appropriate conditions to be determined by the concerned Court and one of the conditions shall that instead of ordering production, seizure or confiscation of the vehicle, order for depositing amount to the extent of the amount/surety can be. The petition stands disposed of. (C. M. TOTLA), J. scd