RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

(2.) The learned counsel for the petitioner states that Gas Tanker No. HR46A/0603 was seized in connection with F.I.R. No. 109/2006 of the Police Station, Sri Balaji for offence under Sec. 3/7 of the Essential Commodities Act.

(3.) The petitioner submitted an application under Sec. 457 Crimial P.C. before the Collector, Nagaur. The learned Collector, Nagaur after hearing the parties vide order dated 26.12.2006 released the tanker to the petitioner on supurdginama, but he has imposed condition No. 1 asking the petitioner to furnish Bank Guarantee of Rs. 12,00,000.00. The learned counsel for the petitioner states that the condition of asking for bank guarantee is quite onerous and unjustified which amounts to abuse of process of the Court. He has relied on the decision of this Court in the case of Rajendra Kumar Vs. State of Rajasthan, reported in 1996 Cr LR (Raj.) 101 as well as judgment of this Court in the case of Krishi Rasayan Export. Pvt. Ltd. Vs. State of Rajasthan, reported in 2002 (2) Cr LR (Raj.) 1265 . In the case of Rajendra Kumar, it was held that the condition of asking for bank guarantee is quite onerous and unjustified.