MAHESH SINGH BHADAURIA Vs. STATE OF MP

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Govt. Advocate on LA. No. 6442/99. The lower Court vide impugned order has rejected the application of the petitioner for interim custody of the vehicle which was alleged to be carrying liquor pouch and 920 gms. charas. Learned counsel for the petitioner relied upon the decision of this Court in Pramjit Singh v. State of M.P. [1991(1) MPWN 100] that the seized truck in an offence under section 34 A of the Excise Act, may be given on interim custody even if it is liable to be confiscated at the end of the trial. Incase the seized vehicle is kept at Police Station, it will loose its utility at the end of trial.

(2.) IN the facts and circumstances the application is allowed subject to furnishing bail bond of Rs. 20,000/ - with a solvent surety of like amount to the satisfaction of the trial Court to ensure production of the vehicle when and where required by the Court.