1 wp1448.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 1448 of 2011 Sayed Nazir Kasam Hussain ....Petitioner v/s. State of Maharashtra & anr. ....Respondents Mr. Subhash Jha i/b. M/s. Law Global for the petitioner. Mr. Y.M. Nakhwa-APP for the State. CORAM: B.R. GAVAI, J. 20th June, 2011 PC: Production permitted. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present petition, the petitioner challenges the order dated 18th May, 2011 though permitting release of Tanker bearing no. MH-04-CG-6285, however, imposing a condition that petitioner furnishes the amount equivalent to the value of the tanker or the Bank guarantee in the like amount. The tanker in question came to be seized with an allegation that same was used for transporting the products in violation of Essential Commodities Act. It is the contention of the petitioner that petitioner is not at all concerned with the said alleged crime. It is submitted that petitioner was only a transporter. 2 wp1448.11.sxw 3. The learned APP submits that the investigations have prima-facie led to a conclusion that the tanker in question was used for illegal purposes. 4. The Apex Court in the case of Sunderbai Ambalal Desai v/s. State of Gujarat, (2002) 10 SCC 283, has held that when a vehicle is seized in connection with an offence, it is in the interest of justice that it is released on supurtnama. It has been held that if this is not done, there is a possibility that vehicle being rusted and rendered useless. From the impugned order it will reveal that the condition which is imposed is highly onerous condition. In that view of the matter, rule is made absolute in terms of the following order:- (i) The impugned order dated 18th May, 2011 is quashed and set aside. (ii) The tanker bearing registration no. MH-04-CG-6285 is directed to be released on condition that the petitioner furnishes one or more solvent sureties in the total sum of Rs. 5/- lacs. (iii) The petitioner shall file an undertaking before the authority that he shall not dispose of or create third party interest in the said tanker till the disposal of the proceedings and that it shall produce the same as and when directed by the competent authority. (B.R. GAVAI, J)