RAMESH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is by special leave against the judgment dated 17 May, 1968 of the Allahabad High Court. The order of the Allahabad High Court was passed on a revision application of the appellant against the order dated 28 January, 1966 of the Civil and Sessions Judge, Agra rejecting the revision against the order of the Magistrate dated 5 June, 1965 forfeiting the surety bond of the appellant and directing the sum of Rupees 20,.000/- be realised from the appellant.

(2.) The bond came to be furnished by the appellant under these circumstances. One Kishan Lal Gupta made an application for obtaining custody of truck No. RJZ-1724 in the case of State v. Sua Lal under the Essential Commodities Act in the court of the Sub-Divisional Magistrate. Kiraoli Kheragarh. The truck had been seized by the police on the allegation that it was carrying essential commodities to a prohibited area. The truck was in the custody of the police at Fatehpur Sikri Police Station.

(3.) On 16 December, 1963 the Sub-Divisional Magistrate Kiroali, Kheragarh, Agra ordered delivery of the truck be given on furnishing two sureties of Rs. 10,000/- each with the personal bond of the like amount. The prosecution filed a revision against the order. The Additional District Magistrate, Kheragarh rejected the revision application on 1 January, 1964 with the observation that it was for the Magistrate to decide as to who was to be given temporary custody of the truck and the matter required clarification. The prosecution moved that the truck should be given to the custody of the Manager, Government Roadways of the Regional Transport Officer. Eventually, the Sub-Divisional Magistrate Kiraoli Kheragarh on 9th January, 1964 ordered that the truck might be given to the custody of reliable and independent person on furnishing two independent sureties of Rs. 20,000/- each and the personal bond of the like amount.