VISHAL AGRAWAL Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-2-14
HIGH COURT OF CHHATTISGARH
Decided on February 01,2003

Vishal Agrawal Appellant
VERSUS
STATE OF CHHATTISGARH Respondents


Referred Judgements :-

BALIGERA BHEEMUDU V. STATE OF ANDHRA PRADESH [REFERRED TO]
SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

Fakhruddin, J. - (1.)Heard.
(2.)Counsel for the petitioner has filed this petition on the ground that while directing handing over the vehicle on Supurdnama, learned Chief Judicial Magistrate, Mahasamund, has directed to furnish security of Rs. 4 lakhs and bank guarantee of 1 lakh.
(3.)Learned Counsel for the applicant contended that the conditions imposed for return of vehicle are too stringent and onerous. It is further submitted that the direction to furnish the bank guarantee of Rs. 1 lakh is not at all justified. So far as handing over the vehicle on Supurdnama is concerned, reliance has been placed on a decision of the Andhra Pradesh High Court in case of Baligera Bheemudu v. State of Andhra Pradesh, reported in 1993(4) Crimes 1074, wherein it has been observed that:--
"If the vehicle is liable for confiscation, the condition can be imposed to furnish some security as in the event of conviction and order of confiscation, and in the event of the vehicle being alienated or transferred, the amount equivalent to that, furnished as security, can be realized. But, such is not the situation arising here. Even after conviction for the above offences when the vehicle is not liable for confiscation, the Judicial I Class Magistrate has grossly erred in imposing a condition of security by the petitioner and it is a case of total non-application of mind by the learned Magistrate. These proceedings are all penal in nature and disabling provisions have to be strictly construed, and when there is no power of confiscation even after conviction of accused and even after sentencing him to imprisonment or fine, there is no jurisdiction for the Criminal Court to impose any conditions to furnish security for the release of the case property pending trial. It is needless to mention that trial of the criminal offence will take considerable time and it is not desirable that the case property should be kept exposed to adverse seasonal conditions resulting in the loss of value of the vehicle and its efficacy."



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