LAXMINARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application has been filed by the applicant Laxmi Narain under Section 482 Criminal Procedure Code for releasing his Truck which was seized by the police in an offence under the Opium Act. It is Dot disputed by the learned Public Prosecutor that the petitioner is the owner of the Truck. No other person has made any claim for the truck in question. The application is prepared to furnish Bank Guarantee for the production of the Truck in question. It is submitted by the learned counsel for the petitioner that the Truck is of 1972 Model and was purchased by the applicant five years back for a sum of Rs. 40,000/-.

(2.) TAKING in view the entire circumstances of the case, it is directed that the Truck No. MPU 6478 be given to the applicant, Laxmi Narain, on his furnishing a Bank Guarantee in the tune of Rs. 50,000/- of a Nationalised Bank in favour of the Munsiff & Judicial Magistrate, Kokari for production of the said Truck in the Court on furnishing the Bank Guarantee for the aforesaid amount, the Munsiff & Judicial Magistrate, Kakari span issue all order for releasing the truck in question in favour of the applicant. Petition allowed.