MAHAVIR PRASAD AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. This petition u/s 482 Cr.P.C. has been filed by the applicant being aggrieved with the order dated 10/4/2006 passed by respondent no. 2, Conservator of Forest (Appellate Authority), by which the said authority while allowing the appeal of the applicant for releasing the seized vehicle (Truck) on Suprudnama directed that the said vehicle of the applicant shall be given on Suprudnama to him after producing a bank guarantee equivalent to price of the vehicle (Truck).

(2.) It appears that the Truck of the applicant bearing Regn. No. C.G. 12-C/0285 was seized by the Forest Department in connection with Forest Crime No. 774/19 dated 17/5/2005 and a proceeding of confiscation is pending before the competent authority. During the pendency of confiscation proceeding, the applicant moved an application for releasing the vehicle on Supurdnama to the competent authority, on which, the order dated 10/3/2005 was passed by him and the prayer was negatived with a direction that firstly the applicant should record his statement and should produce the documents of his vehicle, thereafter his application for Supurdnama will be considered. Against the said order passed by the competent authority the aforesaid appeal was filed before respondent no. 2, in which the respondent no. 2 passed the impugned order dated 10/4/2006 which is the subject matter of the petition.

(3.) Learned counsel for the applicant argues that the condition regarding provision of Bank Guarantee is not only vague but the same is onerous. He prays for quashment of the aforesaid condition imposed by the appellate authority in its order dated 10/4/2006 and also for issuance of reasonable direction which should be followed by the respondent authorities in the matter of releasing the vehicle on Supurdnama till disposal of the confiscation proceeding pending before them.