vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2415 OF 2007 WRIT PETITION NO.2415 OF 2007 WRIT PETITION NO.2415 OF 2007 Nanalal Surajmal Jain ... Petitioner V/s. The State of Maharashtra ... Respondent Mr.Ganesh Gole for Petitioner Mr.D.P. Adsule, APP, for Respondent-State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 8, 2008 APRIL 8, 2008 APRIL 8, 2008 P.C.: P.C.: P.C.: . The petitioner is aggrieved by the order of the learned Chief Judicial Magistrate directing the petitioner to execute a bond for an amount which according to the petitioner is exorbitant besides a bank guarantee. The vehicle of the petitioner was involved according to the prosecution in transporting black jaggery in a pick up van bearing No.MH-04/CA 5526. The petitioner has, therefore, been arraigned and accused in State Excise C.R. No.29 of 2007 under sections 70, 80, 81, 83 and 90 of the Bombay Prohibition Act. The petitioner had preferred an application before Chief Judicial Magistrate, Thane u/s 457 of the Code of Criminal Procedure for return of the vehicle. The interim custody of the van was granted to the petitioner on execution of a bond of Rs.2,75,000/- with one surety as well as on furnishing a bank guarantee of : 2 : Rs.2,75,000/-. Being aggrieved by this order, the petitioner preferred a revision being Miscellaneous application No.89 of 2007 under section 440 r/w section 397 of the Criminal Procedure Code which was rejected by the additional Sessions Judge, Thane. 2. It is submitted on behalf of the petitioner that the conditions imposed are onerous and would effectively mean that the petitioner would not be able to take advantage of the order for return of the vehicle. An affidavit has been filed by Police Sub-Inspector, State Excise, FS-2, Thane. He has averred that according to the valuation report of the Deputy Regional Transport Office, Thane, the vehicle is worth Rs.150,000/-. The affiant has also stated that he has no objection to the vehicle being handed over to the petitioner subject to certain conditions mentioned in the affidavit. 3. Accordingly, the pick-up van bearing No.MH-04/CA 5526 shall be returned to the petitioner by way of an interim measure on the petitioner complying with the following conditions: (i) The Petitioner shall furnish a bond of Rs.150,000/- within two weeks from today. : 3 : (ii) The petitioner shall establish his title to the vehicle and registration in his favour to the satisfaction of the JMFC, Thane. (iii) The petitioner shall undertake to produce the vehicle before the trial Court or the appellate Court as and when directed failing which he would be liable to pay a penalty of Rs.5,000/- per occasion of the failure to produce the vehicle. (iv) The petitioner shall furnish an undertaking that the vehicle will not be used for any illegal purpose. (v) The petitioner will also undertake not to change the appearance of the vehicle till the conclusion of the trial. 4. The vehicle in question be returned to the petitioner on his complying with the aforesaid conditions. With the aforesaid directions, the Petition is disposed of.