NEERAJ KUMAR Vs. STATE OF RAJ.

JUDGEMENT

(1.) THIS petition under Section 482 has been filed against the order dated 26.4.2013 passed by Judicial Magistrate, First Class, Bhiwari, Alwar in FIR No. 74/2013 by which the court below refused to release the impugned vehicle on 'supurdaginama'. The counsel for the petitioner has relied upon Sadhu Ram v. State of Raj.,, 2013 WLC (Raj.) UC 403 to contend that machine which is liable to confiscation can be released on furnishing of a bank guarantee. The coordinate Bench in the judgment relied, has held as under:

(2.) THE learned counsel for the respondent has not been able to distinguish the judgment relied. Consequently, the present petition is accepted, orders passed by courts below are set aside and it is ordered that impugned vehicle shall be temporarily released to the petitioner on 'Supurdaginama' on the conditions to be imposed by the trial Court. It is further ordered that apart from Supurdaginama, the petitioner shall submit an irrevocable bank guarantee of Rs. two lacs to the satisfaction of the trial court from a scheduled bank which shall be renewable from time to time till the disposal of the case in which the aforesaid vehicle has been seized. It is also to be ascertained by the court below that if the vehicle is found involved in any other offence, then it will not be released. It is also ordered that the applicant shall not alienate the impugned vehicle during pendency of the case.