TEJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for setting aside order dtd. 13/9/2021 (Annexure P-3) passed by Judicial Magistrate 1st Class, Sunam to the extent that the condition of cash Security/ Bank guarantee of Rs.3,00,000.00, for releasing the vehicle No. PB-19R-4734 on Superdari, has been imposed.

(2.) Learned counsel for the petitioner has submitted that in the present case, FIR no. 74 dtd. 22/4/2021 was registered at Police Station Dirba, District Sangrur under Ss. 61/78 of the Punjab Excise Act, 1914 and the vehicle bearing No. PB-19R-4734, which is the ownership of the present petitioner, was allegedly involved in the said case and thus, was confiscated. It is submitted that an application was moved for releasing the vehicle on Superdari and the saidapplication was allowed vide order dtd. 13/9/2021 but however, an onerous condition was imposed to the effect that the same would be released on deposit of security to the tune of Rs.3,00,000.00 in the form of cash security or Bank guarantee and other conditions were also imposed. He has further submitted that the petitioner is ready to fulfill all the conditions mentioned in the order but has submitted that the condition with respect to deposit of security to the tune of Rs.3,00,000.00in the form of cash security or Bank guarantee is very onerous and instead of the said condition, a condition be imposed for furnishing of a personal bond in the sum of Rs.3,00,000.00 and an additional security bondofRs.3,00,000.00

(3.) For the same, learned counsel for the petitioner has relied upon a judgment of a Coordinate Bench of this court dtd. 23/2/2021 in CRM-M-18703-2020 titled as Arshdeep Singh Vs. State of Punjab.