D.N. Joshi, J. - (1.) This criminal miscellaneous petition is directed against the order dated 5.8.2003 passed by the learned Additional District & Sessions Judge, Pratapgarh in Criminal Revision Petition No. 28/03 by which the application for release of the vehicle (Tata Sumo No. RJ-06-C-2187) was accepted on furnishing bank guarantee to the tune of Rs. 1,50,000/-.
(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and with the consent of both the parties the matter is disposed of finally at this stage.
(3.) It has been held by the Apex Court in the case of State of Karnataka v. K Krishnan, reported in 2000 Cr.L.R. (SC) 657 that when any vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not normally be returned to a party on Superdiginama till the culmination of all the proceedings in respect of such offence and the said vehicle shall be liable to be confiscated and it shall not be released without any bank guarantee.;