S.B. CRIMINAL REVISION PETITION NO.495/2007 (Hastimal Vs. State of Rajasthan) Date :: 30.05.2007 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Sandeep Mehta, for the petitioner. Mr.S.N. Tiwari, Dy. Govt. Advocate. Learned counsel for the petitioner has filed an application for releasing the vehicle Tanker No.RJ-06G-2301. The said vehicle was seized by the Police in connection with F.I.R. No.238/2006 registered for offence under Sections 420, 407 and 120-B I.P.C. at police station Subash Nagar, Bhilwara . According to the petitioner, he is the owner of the vehicle in question. It is contended by learned counsel for the petitioner that at the time of seizure, the documents of registration as well as insurance were also seized by the Police. The petitioner is not claiming for diesel which is alleged to be seized by the Police and he is only claiming for release of the vehicle in question. Learned counsel for the petitioner has invited attention of this Court towards the order passed by this Court in S.B. Criminal Revision Petition No.851/2006 dated 20th November, 2006 and submitted that though in the said case, the case was registered under the provisions of Essential Commodities Act, but the vehicle which was seized in that case was ordered to be released on supardaginama by this Court. Therefore, he prayed for release of the vehicle in question. It is further submitted by the learned counsel for the petitioner that no useful purpose will be served to detain the vehicle in question at Police Station. Learned counsel for the petitioner prays that the order impugned dated 21st March, 2007 passed by learned Judicial Magistrate (First Class) No.3, Bhilwara rejecting the application filed by the petitioner for releasing the vehicle in question may be set aside and the order may be passed for releasing the vehicle and documents in question. In the facts and circumstances of the case, the revision petition is allowed and the impugned order dated 21st March, 2007 passed by the learned Judicial Magistrate (First Class) No.3, Bhilwara is set aside and it is directed that the vehicle bearing registration No.RJ-06G-2301 as well as registration and insurance documents shall be released on supardaginama to the petitioner upon his furnishing a security in the sum of Rs.4,00,000/- to the satisfaction of the trial court and fulfilling following conditions:- (1)that he shall get three set of coloured cabinet size photographs of the vehicle in question, each set showing (a) number plate; (b) chassis number; (c) engine number; and (d) total body of the vehicle; (2) that he shall not change the colour or alter numbers or tamper with the evidence in any manner; (3)that without prior permission of the trial court, he shall not transfer or alienate the said vehicle during pendnecy of the trial;. (4)That he shall produce the said vehicle before the trial court as and when ordered by the trial court. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-