STATE Vs. ZIAULLA

JUDGEMENT

(1.) PETITIONER is the R. C. holder of vehicle bearing Registration No. KA 15-1805 - a Canter. The said vehicle is seized when it was allegedly being used for illegal transportation of 120 Beete wood pieces. The petitioner sought interim custody of that vehicle. The authorised officer rejected that claim. In appeal, the learned Sessions Judge has granted interim custody on certain conditions including the one for executing an indemnity Bond for Rs. 5,00,000/- with two solvent sureties for the like sum, in addition to restrictions on alienation etc. In this revision petition under Section 397 of the Cr, P. O. , the State is aggrieved by the said order of the learned Sessions Judge insofar as the learned Sessions judge has not imposed the condition on the petitioner furnishing bank guarantee. The learned Counsel for the respondent Sri C. H. Jadhav submits that the vehicle is a small vehicle, that even the materials concerned were insignificant, in the sense that, only some wooden pieces were allegedly found. All that the petitioner needs to be reminded is that, that Section 63 of the Karnataka Forest Act, 1963, is now amended, making it statutorily necessary for furnishing of Bank guarantee where a vehicle to which the said Section 63 is applicable is to be released to the custody of the person concerned, interim or otherwise. Even the Supreme Court in State of Karnataka v K. Krishnan1 as a matter of general principle, has laid down the necessity of furnishing of bank guarantee as a Minimum condition while releasing the vehicle involved in a forest offence. In the circumstances, the learned Sessions judge erred in not imposing the condition relating to furnishing of Bank guarantee. Having regard to the nature of the vehicle concerned, I am of the opinion that, in addition to the conditions already imposed by the learned Sessions Judge, the petitioner should be directed to furnish bank guarantee for a sum of Rs. 50,000/- (Rupees Fifty thousand only ).

(2.) REVISION petition disposed off accordingly.