S.B. CRIMINAL MISC. PETITION NO. 1548/2008
Date : 18.12.2008
HON'BLE MR. C.M. TOTLA, J.
Mr. N.L. Joshi for the petitioner.
Mr. V.R. Mehta, P.P.
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Issue notice. Learned Public Prosecutor accepts notice on
behalf of State.
Petitioner requests that reversing Magistreal order dated
22.11.08, seized motor vehicle, pending trial interimly be given to him on
supurdginama of appropriate amount.
Both the sides stated that the petition can be disposed of on
the basis of and having look at the impugned order.
Petitioner’s application under Sectoin 451 Cr.P.C is rejected
by learned Magistrate on 22.11.08.
Learned counsel for the petitioner argued that as per
allegations itself, the vehicle a motor cycle is seized from possession of
petitioner and from alleged petitioner’s possession 1 gm of heroin is
recovered. Argued that petitioner is registered owner and vehicle is lying
un-used since about five months and trila is going to take long time.
Vehicle lying un-used for long time shall finish its utility.
Learned Public Prosecutor submitted that vehicle may be
given, if the petitioner is registered owner. Also submitted that from
around that place 3 gm of contraband article is also said to have been
recovered.
Considered. Perused the FIR and also the impugned order.
The vehicle motor cycle was seized in first week of August, 2008.
Admitted by both the parties, the cost of vehicle is not more than Rs.
40,000/-. Learned Public Prosecutor also submitted that the vehicle is no
more waned in investigation.
Considering above, it is just and proper to release the vehicle
interimly to the petitioner on supurdginama with appropriate amount of
bank guarantee which is determined to be Rs. 8000/-.
Accordingly the petition is disposed of with the direction that
if the petitioner is registered owner, (to be ascertained by the court
below), the vehicle motorcycle RJ-13 C5-4881 be given in custody of the
petitioner on superdginama and surety of an appropriate amount
alongwith bank guarantee of Rs. 8,000/- for complying with the terms and
conditions to be imposed. The amount of superdgi and surety in addition
to bank guarantee and also the terms and conditions shall be determined
by the learned Magistrate who shall also ascertain that petitioner is
registered owner having all necessary documents as per provisions of
Motor Vehicles Act. The Bank guarantee may be by way of FDR for a
period not less than two years and the amount payable only to the person
and as per orders of the Court with absolutely n o facility like pre-mature
withdrawal or loan etc.
(C.M. TOTLA), J.