1 S. B. CRIMINAL MISC. PETITION NO. 485/2008 GHISA LAL V. THE STATE OF RAJASTHAN . DATE OF ORDER : 05-11-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. K.R.Bhati, for Petitioner (s) Mr. O. P.Rathi, P.P., for the State. Preferring instant petition under Section 482, Cr.P.C., petitioner requests that 1200 bamboos seized while investigating FIR No.177/2007, Police Station, Parsoli may be handed over to him by way of interim custody. Petitioner's such application is rejected by learned Magistrate as per order dated 18.3.08 which also mentioning that as ownership can only be decided in course of trial so be auctioned. Petitioner, being aggrieved, has preferred this petition. Learned counsel for the petitioner states that these big quantity of bamboos are lying in open at the police station - about a year has elapsed since seizure - lying in open this material shall be destroyed – petitioner has purchased bamboos from Hema and Lakhma on whose Khatedari these bamboos were standingf so should be given to him. In support of his contention, placed reliance on S. B. Criminal Misc. Petition No.1546/2007, Subhash v. The State of Rajasthan, decided on 03/10/2007. Learned Public Prosecutor stated that as per report of Patwari, the bamboos were standing on the Khatedari land of Hema and Lakhma and may be given to the petitioner only on appropriate conditions. Learned Public Prosecutor stated that value may be a round Rs.20,000/-. Considered and perused. Learned Magistrate has ordered for auction. Though about a year has elapsed but considering events, proper may be to release only after securing value. Altering the above order, it is hereby directed that instead of auction, the bamboos may be given to the petitioner on his furnishing a bank guarantee of a amount nearing value 2 of material which amount is to be determined by the learned Magistrate. The bank guarantee, if the concerned person so desires, can also be in the form of FDR-amount, being payable to and only as per orders of the Court. With the above directions, the petition stands disposed of. (C. M. TOTLA), J.