1 S. B. CRIMINAL MISC. PETITION NO.1356/2008 NARENDRA SINGH V. THE STATE OF RAJASTHAN. DATE OF ORDER ::: 24/11/2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. M.K.Garg, for Petitioner (s). Mr. O. P. Rathi, PP, for the State. Preferring this petition under Section 482, Cr.P.C., petitioner requests that green wood logs seized in FIR No.279/08 Police Station, Sri Vijaynagar (Sri Ganganagar) may be released in his favour on Supurdginama and conditions. As per copy of FIR, on 31.8.08, SHO, inspecting a truck, on high way, found these green wood logs transported without permit – as per weigh slip, these green wood logs were found to be 13 tons eight quintals and 90 kilograms which were seized and a case under Sections 41 and 42, Forest Act registered. Application for releasing stands rejected by the learned Magistrate's order which was affirmed by the revisional Court. Learned counsel argued that (1) green wood logs were purchased by M/s. Lal Chand Puran Chand. (2) purchased from Forest Department in May, 08 and as per permission accorded by the Forest Department, the same was being transported. (3) Though the wood logs said to be 13 tons, but, being green, cannot be of such a quantity. (4) lying unused for long it shall automatically destroyed and (5) not required in trial. Learned Public Prosecutor, opposing stated that as per documents green wood logs are purchased by the petitioner, but pending trial, can be released on furnishing appropriate bank guarantee. Considered and perused order. The petitioner is said to be power- of-attorney holder of the firm purchasing wood from the Forest Department. The wood logs are of seesam quantity being above 13 tons. As per petitioner, his power-of-attorney holder of firm M/s. Lalchand 2 Puranchand Padampur doing business of sale and purchase of timber wood and these logs were purchased by this firm from the Forest Department. As per bill No.14 of bill book No.125 of Forest Department Khajuwala, wood is purchased on May 23rd and this bill mentions auction amount also transport permit (Rawana) No.33 of bill No.335 is also there and similarly, is a receipt of agricultural market produce committee receipt No.7 of book No.252, in these documents are the dates, number measurement and also value of the wood logs. Considering all these cumulatively and also that material is lying unused in open, it is just and proper to release the woods, but only on furnishing of bank guarantee. Considering all above documents, the amount of bank guarantee is determined to be as Rs. 2 lacs. Accordingly, the petition is disposed of. The woods seized in FIR No.279/08 be released in favour of petitioner (firm) on furnishing of bank guarantee to the tune of Rs. 2 lacs in addition to Supurdginama and surety of appropriate amount to be determined by the Magisterial Court. The conditions and amount of Supurdginama and surety in addition to Rs. 2 lacs shall be determined by the trial Court and bank guarantee at least for a period of two years renewal from time to time and may also in the form of Fixed Deposit Receipt (FDR) (precluding any charge on it like premature withdrawal, loan etc.) and amount being payable only to and as per order of the Court. The learned trial Court shall also determine and ascertain proper power of attorney of firm and also guarantee, Supurdginama and surety bonds of related appropriate persons or/and firm. The petition stands disposed of as above. (C. M. TOTLA), J. scd 3