KODAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and learned Public Prosecutor.

(2.) THE certified copy of the order passed by the learned Judicial Magistrate, Banswara, shows that the vehicle was seized by the Police and an application was moved in the Court of Judicial Magistrate, Banswara for delivery of the vehicle to the petitioner under Section 451 of the Criminal Procedure Code. The learned Judicial Magistrate rejected the application of the petitioner on the ground that some cases under the Forest Act were pending against him. It appears that the petitioner prayed before this Court that the vehicle be given in his custody and on 31st May, 1991. Hon'ble Mr. Justice A.K. Mathur after taking into consideration the facts and circumstances of the case directed that the vehicle in question No. RPB 1458 Involved in the case State v. Amba Lal Criminal Case No. 16/91 -92 pending before the Munsif and Judicial Magistrate, Banswara may be released to the petitioner provided he furnished a personal bond in the sum of Rs. 70,000/ - and undertakes that he will further not alienate this vehicle and produce the same as and when called for by the Magistrate during the trial. On 13th September, 1991 the. order was corrected on the application of the petitioner to the extent that the Court of Munsif and Judicial Magistiate, Banswara was directed to be read as Judicial Magistrate, No. 1, Banswara.