NANDA Vs. STATE OF RAJ.

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and perused the impugned order. The learned Judge has refused to deliver the subject Tractor to the petitioner on Supardgi in view of the fact that same has been involved in a serious crime of illegal mining.

(2.) It is alleged that the Tractor No. RJ-06 R 9029 with its trolley found carrying stones in contravention of the provisions of the Rajasthan Forest Act, 1953. Considering all facts and circumstances of the case and following the decision of the Apex Court in State of Karnataka Vs. K. Krishnan, reported in 2000 Cr LR (SC) page 657 , it is considered expedient to deliver the subject vehicle on Supardgi to the petitioner.

(3.) Consequently, the petition is allowed the order of the Additional Sessions Judge (Women Atrocities) Cases, Bhilwara dated 9.1.2004 confirming the order of the Additional Chief Judicial Magistrate dated 11.12.2003 is set aside. It is directed that the Tractor No. RJ-6 R 9029 along with the trolley shall be delivered to the petitioner on Supardgi on furnishing a personal bond in the sum of Rs 1 Lac along with a surety in the same amount with the condition that he will not transfer or-alienate the same and no change shall be made in its condition and further he will produce it as and when ordered by the trial court.