NAWAB SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged the order dated 5.5.2005 passed by the learned Additional Sessions Judge, Dholpur and also the order dated 26.4.2005 passed by the learned Judicial Magistrate, Dholpur whereby the learned Magistrate directed the release of the Tractor and Trolley but on the condition of bank guarantee.

(2.) It is contended by the learned Counsel for the petitioner that the petitioner is the owner of the tractor and trolley No. UP-80-B-0423 and the said tractor and trolley were seized by the Police Station, Kolari, in a criminal case for offence under Sec. 29/51 of the Protection of Wild Life Animals Act. The allegation against the petitioner is that he transported the illegal Chambal sand from Chambal crocodile area. Learned Counsel further contends that the petitioner being a registered owner hied an application for release of the said tractor and trolley on supurdaginama, the learned Magistrate accepted the application and directed the release of the said tractor and trolley on furnishing a bank guarantee of Rs. 1,00,000.00 and also supurdaginama in the sum of Rs. 1,00,000.00 with certain conditions. Being aggrieved with the said order, the petitioner flied a revision petition on the ground that there is no statutory requirement to furnish any bank guarantee before the learned Sessions Judge, Dholpur. The learned Additional Sessions Judge, vide order dated 5.5.2005 partly allowed the revision petition and modified the order dated 26.4.2005 whereby he reduced the amount of bank guarantee from Rs. 1,00,000.00 to Rs. 30,000.00 and maintained the rest part of the order.

(3.) Learned Counsel for the petitioner submits that in compliance of the orders of the aforesaid Court, the petitioner has already furnished the bank guarantee, the same may be refunded back to the petitioner.