MOHD TARIK Vs. STATE OF M P

JUDGEMENT

(1.) HEARD finally with the consent of parties.

(2.) THE petitioner is aggrieved by the order dated 15-7-2003, passed by Special Judge, NDPS, Jabalpur by which while allowing the application of the applicant filed under Section 457 of the Criminal Procedure Code, 1973, a condition has been imposed that the Motor Cycle shall be released on 'supurdnama' on applicants furnishing a bank guarantee of Rs. 50,000/~ (Rupees Fifty thousand ). The learned Counsel for the applicant has submitted that this condition of furnishing of bank guarantee of Rs. 50,000/- is onerous, and also submitted that the applicant has purchased the motor cycle after taking loan and he is not in a position to furnish the bank guarantee as ordered by the Trial Court. On the other hand, the learned Counsel for the State has supported the impugned order.

(3.) THE prosecution case is that on 7-7-2003, Bhura alias Saffique was going on Bajaj Pulsar motor cycle No. MP-20-KJ 3765, and he was found carrying 6. 5 Gms of smack.