1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.PETITION NO.1992/2010 Fakrudeen Vs. State Date of order : 29/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rahul Tiwari for the petitioner. Shri N.R. Saran, P.P. for the State. ****** This application has been filed by the petitioner assailing the order passed by the Judicial Magistrate First Class, Tizara, Alwar dated 20.8.2010 and the order of the learned Additional Sessions Judge dated 8.9.2010. By the aforesaid order, the application of the petitioner u/s.451 of Cr.P.C. for delivery of vehicle no.H.R.-55B 7242, has been rejected. That vehicle was seized for committing offence u/s.41 and 42 of Forest Act in FIR No.428/2010 lodged with Police Station Bhiwadi. Contention of the learned counsel for the petitioner is that learned trial court rejected the application on the ground that registration of the vehicle is in the name of some other person and that the vehicle was second time used for committing offence under the Forest Act. Learned counsel submitted that the registration certificate was produced to show that it was purchased by the petitioner and that the first offence was of the time 2 when the vehicle was in the name of original owner. Petitioner would undertake that vehicle will not be used for the purpose of illegal carrying the forest produce, if it is released on Supurdiginama. It is contended that the vehicle would be damaged as it is lying upon for last three months. Learned PP opposed the misc. petition. The impugned orders dated 20.8.2010 and 8.9.2010 are quashed and set aside and the misc. petition is allowed. Having regard to the fact that the vehicle is already seized for last three months and that it may be damaged if not properly taken care of and that the petitioner has undertaken not to allow this vehicle to be used for any such offence in future, the vehicle shall be handed over to petitioner on his furnishing a Supaudiginama in the sum of Rs.5,00,000/- subject to the condition that in case the vehicle H.R.-55B 7242 is again found to be used in relation to the offence under the Forest Act, it shall be liable to be confiscated in accordance with the provisions contained in Forest Act. (MOHAMMAD RAFIQ), J. RS/-