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2022 Supreme(P&H) 1134

VIKAS BAHL
Tejinder Singh @ Honey – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Tribhawan Singla, Advocate; for the Petitioner.; Mr. Karanbir Singh, Aag, Punjab.

JUDGMENT

Vikas Bahl, J. (Oral) - The present petition has been filed under Section 482 Cr.P.C. for setting aside order dated 13.09.2021 (Annexure P-3) passed by Judicial Magistrate 1st Class, Sunam to the extent that the condition of cash Security/ Bank guarantee of Rs.3,00,000/-, for releasing the vehicle No. PB-19R-4734 on Superdari, has been imposed.

2. Learned counsel for the petitioner has submitted that in the present case, FIR no. 74 dated 22.04.2021 was registered at Police Station Dirba, District Sangrur under Sections 61/78 of the Punjab Excise Act, 1914 and the vehicle bearing No. PB-19R-4734, which is the ownership of the present petitioner, was allegedly involved in the said case and thus, was confiscated. It is submitted that an application was moved for releasing the vehicle on Superdari and the saidapplication was allowed vide order dated 13.09.2021 but however, an onerous condition was imposed to the effect that the same would be released on deposit of security to the tune of Rs.3,00,000/- in the form of cash security or Bank guarantee and other conditions were also imposed. He has further submitted that the petitioner is ready to fulfill all the conditions mentioned

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