(1.) Present petition has been filed for modification of order dtd. 16/7/2020 (Annexure P-2) passed by learned SDJM, Sunam passed in case FIR No. 171 dtd. 23/6/2020 under Ss. 61 and 78 of the Punjab Excise Act, 1914 registered at Police Station City Sunam, District Sangrur vide which the petitioner is directed to submit the security to the tune of Rs.10.00 lakh in the form of cash security or bank guarantee and for modification of judgment dtd. 28/1/2021 passed by learned ADJ, Sangrur (Anenxure P-3) vide which the revision petition filed by the petitioner was dismissed with a further prayer to modify the order dtd. 16/7/2020 passed by learned SDJM, Sunam and judgment dtd. 28/1/2021 passed by learned ADJ Sangrur (Annexure P-3) to the extent that the petitioner is allowed to submit the security of his property amount to Rs.15,45,500.00.
(2.) Learned counsel for the petitioner submits that the trial Court vide order dtd. 16/7/2020 (Annexure P-2) while allowing the application of the petitioner for release of his vehicle i.e. Car Maruti Swift Dezire bearing registration No. PB-64-B-1014 on sapurdari, of which he is registered owner stated to be involved in the FIR in question, directed to furnish sapurdari bonds by way of cash surety/bank guarantee to the tune of Rs.10,00,000.00. The solitary prayer made by him in the present petition is that he being a poor person, is not in a position to furnish cash security/bank guarantee but is instead ready to furnish adequate solvent surety of the equal amount in the shape of property. He relies on the order dtd. 8/11/2019 passed by this Court in CRM-M-48284-2022, titled as Sukhdev Singh @ Kala Vs. State of Punjab, wherein instead of furnishing bank guarantee of Rs.5,50,000.00, the petitioner therein was permitted to furnish two solvent sureties of the equivalent amount.
(3.) Learned State counsel is unable to distinguish the aforesaid order, however, he submits that the order passed by the Courts below are legal and valid.