ARJUN YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard both the sides.

(2.) I. A. No. 341/2004 at Flag 'A' and Original Cr. M. P. No. 4/2004 have been taken up together for hearing as both relate to the same matter regarding release of vehicle.

(3.) While moving I. A. No. 341/2004 the learned A. G. of the State has submitted that W. P. (Cr.) No. 178/2003 was disposed of in which the State could not file any counter affidavit. It was submitted that the order is conflicting with the judgment referred by the Hon'ble Apex Court in a case of State of Karnataka v. K. Krishnan reported in AIR 2000 SC 2729 : (2000 Cri LJ 3971) paragraph 7 which is annexure 3 to the interlocutory application. It was submitted that the law laid down by the Hon'ble Apex Court regarding the minimum bank guarantee for releasing any truck confiscated in a forest case should be furnished by the owner for interim release of the truck. The learned counsel for the respondents frankly submitted the law laid down by the Hon'ble Apex Court; but the order which could not be set aside is that there was release order of the truck by furnishing bond with sureties; which was furnished in the year 2002 and is still pending for release. It was submitted that the financial condition of the respondent whose truck has been seized should be considered.