- (1.) Learned counsel for the petitioner submits that vehicle, which is involved in the incident, deserves to be released to the petitioner as it would get rusted and spoiled, if it is remained in the police custody. I have considered the submissions as above.
(2.) In the case of Sunderbhai Ambalal Desai and Ors. Versus State of Gujarat: (2002) 10 SCC 283, the Apex Court has made observations with regard to the conditions, which should be laid down for release of different goods/vehicles. It has also been observed that no purpose would be served in letting vehicle remained in the police custody as they get rusted and therefore, the conditions may be laid down for releasing of the same. This Court has also taken a similar view in a batch of Criminal Misc. Petitions lead case being S.B. Criminal Misc. Petition No.2723/2019: Asharam Versus State of Rajasthan, on 3.2.2020 along with other connected petitions.
(3.) Keeping in view the above, this petition is disposed of with the following terms: a) The concerned Police Station shall release the offending vehicle bearing Registration No.RJ-25-GA-2178 to the person, who is the registered owner of the vehicle alone. b) A personal security of an amount of Rs.5,00,000/- to the satisfaction of the concerned Court to which the concerned Police Station is attached, shall be submitted for the purpose of release of the vehicle. c) The petitioner shall furnish the photographs of the vehicle showing its number and colour etc. d). At the time of release, the petitioner shall also give an undertaking to the effect that vehicle shall not be used for any illegal purpose and if so found, the concerned owner shall be personally liable. ;