AYYUB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A Jeep bearing No. RNV 2235 was seized by the Regional Forest Officer, Mandrayal District, Karauli, carrying fishes in violation of the Wild Life (Protection) Act, 1972, (in short 'the Act') 1972. After registration of the case for the offence punishable under Section 51 of the Act, 1972, this jeep along with fishes was seized.

(2.) An application was moved on behalf of the petitioner for 'Supardigi' of this jeep. Learned A.C.J.M. Karauli, considering the provisions of Sections 39 and 50 of the Act, 1972, ordered to deliver this jeep to the petitioner on certain conditions including the condition of furnishing a bank guarantee of a sum of Rs. 40,000.00 vide impugned order. Hence, this petition under Section 482, Cr.P.C. against the condition of bank guarantee.

(3.) Learned counsel for the petitioner submitted that according to sub-section (3A) of Section 50 of the Act, 1972, vehicle may be given for custody on the execution of a bond for the production of the same when so required. According to learned counsel, there is no provision of furnishing bank guarantee. He placed reliance upon Jahangir Guli Khan v. State of Madhya Pradesh, 1988 Cri LJ 1889 and Sultan Khan v. State of Rajasthan, 2001 (1) Raj Cri C 97.