VIKRANT FATANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD . Issue notice. Learned PP accepts notice on behalf of the respondent State. With the consent of learned counsel for the parties, the matter is heard finally and decided today itself.

(2.) THE instant misc. petition has been filed by the petitioner challenging the order dated 28.7.2012 passed by learned Special Judge, N.D.P.S. Cases, Chittorgarh imposing the condition of furnishing the bank guarantee of Rs. 9,00,000/ - (Rs. 9 Lakhs only) for releasing the Scorpio Vehicle No. MH -06 -AN -7531 to the petitioner.

(3.) AFTER hearing learned counsel for the petitioner and the learned PP and after going through the order impugned, this Court is of the opinion that the condition imposed by the learned court below directing the petitioner to furnish the bank guarantee of Rs. 9,00,000/ - (Rs. 9 Lakhs only) is too onerous a condition. The trial court itself has come to the conclusion that the petitioner was not involved in transporting the poppy straw and that he was not in control of the vehicle when the poppy straw was being transported as the same was stolen five months earlier. Therefore, this Court feels that the direction issued by the court below for furnishing the bank guarantee of Rs. 9,00,000/ - (Rs. 9 Lakhs only) while releasing the vehicle on supardginama cannot be said to be justified. Accordingly, this misc. petition is allowed and now in terms of the order dated 28.7.2012, the vehicle in question shall be released to the petitioner on his furnishing a solvent security to the tune of Rs. 9,00,000/ - (Rs. 9 Lakhs only) to the satisfaction of the court below instead of furnishing the bank guarantee of Rs. 9,00,000/ - (Rs. 9 Lakhs only).