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2003 Supreme(SC) 1254

B.P.SINGH, N.S.HEGDE
Section Forestor – Appellant
Versus
Mansur Ali Khan – Respondent


JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. This appeal by the State of Karnataka is preferred against a judgment of the High Court of Karnataka at Bangalore made in Criminal Revision Petition No. 4/2003 whereby the High Court directed that a vehicle bearing Registration No. KA-22M-3866 involved in a forest offence be released in favour of the respondent herein, on condition that the said respondent gives an indemnity bond for Rs. 50,000/- to the satisfaction of the Authorised Officer, as also with a further condition that the vehicle in question shall not be alienated till the criminal case is disposed of and the same produced as and when required by the trial court.

3. The learned counsel appearing for the appellants-State contends that the impugned order as to the release of the vehicle on the facts and circumstances of this case is directly opposed to the judgment of this Court in the case of State of Karnataka vs. K.Krishnan [2000 (7) SCC 80]. The learned counsel for the respondent contended that the order under appeal is a discretionary order made on the basis of equity mainly because of the fact that the vehicle in question was under seizu










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