ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 Cr.P.C. for quashing/setting aside/modifying the impugned order dtd. 7/12/2023 (Annexure P-2) passed by learned Additional Chief Judicial Magistrate, Narnaul under Sec. 451 Cr.P.C., wherein strict and onerous conditions were imposed by the learned Additional Chief Judicial Magistrate, Narnaul while releasing the vehicle bearing registration No.HR-63D-9321 on supurdari in favour of the present petitioner on deposition of 25% of penalty amount imposed by the authorities concerned as well as on furnishing supurdginama in the sum of Rs.5.00 lacs with one surety in the like amount, in case FIR No.16 dtd. 4/9/2023 under Sec. 379 of the IPC, 21(1), 4(A) of the Mines and Minerals Regulation of the Development Act, 1957 registered at Police Station HSENB, Police Station Rewari, Haryana State Enforcement Bureau (HSENB) (Annexure P-1).

(2.) The counsel for the petitioner contends that notwithstanding the fact of the petitioner being a first-time offender, an FIR had been lodged against him in violation of the Mines and Minerals Rules. Additionally, it has been argued that while releasing his vehicle on supurdari, the Court had unduly imposed stringent conditions, mandating a 25% cash deposit along with supurdginama amounting to Rs.5.00 lacs with one surety of similar amount. It has been urged by the learned counsel that the conditions imposed by the trial Court were against the settled law and undermined the essence of Sec. 451 of the IPC. The petitioner in support of his submissions, has placed reliance upon Keshab Narayan Banerjee and another versus State of Bihar, AIR 1985 SC 166.

(3.) Notice of motion.