79 S. B. CRIMINAL MISC. PETITION NO.1397/2008 SADA SUKH V. THE STATE OF RAJASTHAN. DATE : 10-11-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. Niranjan Singh, for Petitioner (s). Mr. S.N.Tiwari, PP, for the State. Seized truck No. P.B. 04/A 5927 along with trolley (in FIR No.146/08, Police Station, Sri Vijainagar)) is ordered to be given on “Supurgdi” by Magisterial order dated 1.7.08, but only on furnishing of bank guarantee to the tune of Rs.80,000/-. Aggrieved of the above order, petitioner, preferring this petition, requests that directions for bank guarantee be set aside. Learned counsel for the petitioner requested that it is a 1990 model vehicle – petitioner in not a capacity to furnish bank guarantee – vehicle lying unused – shall become useless and a small quantity of local trees wood is alleged to have been seized. Learned Public Prosecutor, opposing stated that vehicle may be released on solvent security on appropriate conditions, since vehicle seized in June, 2008 , is lying unused for about six months, so considering totality of the circumstances, setting aside the condition of bank guarantee, is ordered that vehicle may be released on “Supurdginama” and a secuirty of the amount and conditions to be determined by the learned Magistrate. The petition stands disposed of. (C. M. TOTLA), J. scd