KRISHNARAM GORDHANRAM BISHNOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of Rule is waived by ld. APP Mr. SS Patel for respondent No.1 State. On consent, Rule is fixed forthwith.

(2.) The Court is convinced only on one point that the order passed by ld. trial Judge is not rational.The discretion which requires to be exercised should be exercised in such a manner that it stands to the test of objectivity. The value of the truck at the relevant point of time, as submitted, was about Rs.4.5 Lakh as the truck being a Mini Truck when the same was purchased in the year 1977. Considering the depreciated value in the year when it was seized for the offence under the Bombay Prohibition Act, the ld. trial Judge ought to have released the truck on solvent surety of Rs.3.50 Lakh and Personal Bond of the like amount by the petitioner himself, so that in the event of order of confiscating the vehicle, the government can realise the amount equal to the value of the truck.

(3.) In view of above, this Court is inclined to exercise extra-ordinary jurisdiction vested in this Court as this is a case of failure of exercise of proper jurisdiction. The petition is, therefore, allowed. The impugned order dated 9.8.2004 passed by trial Judge in Cri.Rev. Application No. 33/2004 is modified to the extent that ld. trial Judge shall release the muddamal truck in question on the petitioner furnishing solvent surety of Rs.3.50 Lakh and Personal Bond of Rs.3.50 Lakh and on other terms and conditions that may be deemed just and fit by the ld. trial Judge. All other terms and conditions enumerated in the impugned order shall stand unaltered. It is further directed that the petitioner shall file an undertaking that he shall see that truck in question shall not be used in illegal activities and on failure in complying with this condition, the trial Court can pass appropriate seizure order of the vehicle in question pending trial.