Modification of bank guarantee conditions in vehicle release under the Assam Cattle Preservation Act due to financial incapacity of the petitioner.

ORDER

Date : 02-06-2025

Heard learned counsel Ms. G. Borah for the petitioner Rustum Ali, who has filed this application under Section 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer to recall and cancel, as well as to modify the impugned order dated 24.03.2025 in connection with Batadrava Police Station Case No. 26/2025 under Section 11/13(1) of the Assam Cattle Preservation Act , passed by the Judicial Magistrate First Class, Nagaon, qua the bank guarantee of Rs.60,00,000/- (Rupees Sixty Lacs).

2. It is submitted by the learned counsel for the petitioner that vide the order impugned the learned Judicial Magistrate First Class at Nagaon directed the vehicle bearing Registration No. AS-13-AC-6465 to be released in zimma of the petitioner subject to furnishing a bank guarantee of Rs.60,00,000/- (Rupees Sixty Lacs).

3. Heard learned Additional Public Prosecutor Mr. B. Sarma for the respondent.

4. I have considered the submissions at the bar with circumspection.

5. It is submitted on behalf of the petitioner that the petitioner is not in a position to deposit an amount of Rs.60,00,000/- (Rupees Sixty Lacs) as bank guarantee. He makes a living out of car rental business and he is not financially sound to furnish security of bank guarantee of Rs.60,00,000/- (Rupees Sixty Lacs). The petitioner is willing to furnish any suitable surety except bank guarantee.

6. Learned Additional Public Prosecutor has submitted that the order is not liable to be set aside as the order has been properly passed.

7. Learned counsel for the petitioner has relied on the decision of the Hon’ble Supreme Court in Sunderbhai Ambalal Desai Versus State of Gujrat reported in (2002) 10 SCC 283 wherein it has been observed that :-

“In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.”

8. It is further submitted that vehicle has been lying in the open since 29.02.2025 and it is getting damaged.

9. Considering all aspects and in the light of the decision of the Hon’ble Supreme Court in Ambalal Desai (supra), I deem it appropriate to modify the order qua the bank guarantee of Rs.60,00,000/- (Rupees Sixty Lacs). The order dated 24.03.2025 in connection with Batadrava Police Station Case No. 26/2025 passed by the Judicial Magistrate First Class, Nagaon, so far as the bank guarantee is concerned, is modified and the petitioner is directed to abide by the other conditions imposed upon the petitioner while taking zimma of the vehicle bearing registration No. AS-13-AC-6465 on furnishing a suitable surety of Rs.60,00,000/- (Rupees Sixty Lacs) instead of bank guarantee of Rs.60,00,000/-

(Rupees Sixty Lacs), to the satisfaction of the Investigating Officer.

10. In terms of the above observation, this petition stands disposed of.