Gujarat High Court
SCR.A/584/1999 of VIKRAM TRANSPORT THROUGH PROP.SHRI VIKRAM J RATHOD Vs DEPUTY CONSERVATOR OF FOREST on 15 December 1999
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 584 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE C.K.BUCH ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION No 584 of 1999
For Approval and Signature:
Hon'ble MR.JUSTICE C.K.BUCH
============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements?
2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- VIKRAM TRANSPORT THROUGH PROP.SHRI VIKRAM J RATHODVersus DEPUTY CONSERVATOR OF FOREST -------------------------------------------------------------- Appearance: MR DR BHATT for Petitioner MR DN PATEL, APP for Respondent No. 3
-------------------------------------------------------------- CORAM : MR.JUSTICE C.K.BUCH Date of decision: 15/12/1999
ORAL JUDGEMENT
Heard learned counsel Mr. Bhatt for the
petitioner and learned APP Mr.D.N.Patel, for the Respondents. Rule. Learned APP Mr. D.N.Patel appears and waives service of Rule for the Respondents.
Parties do not press for reasoned order. It is submitted by learned counsel Mr. Bhatt appearing for the petitioner that the vehicle is detained by respondent nos. 1 & 2 by way of an interim arrangement pending the hearing and final disposal of the forest offence registered against the petitioner and other persons. The petitioner is ready and willing to give security by way of executing a Bond of the equal amount of the price of the truck in question. According to the learned counsel, truck in question can be valued at Rs. 3 Lac looking to the present condition.
Under the circumstances, it is ordered that the vehicle in question i.e. truck bearing No. GJ-3-U-5920
be handed over to the present petitioner on furnishing surety of Rs. 3 Lacs ( Rs. Three Lacs only ) and personal bond of the like amount by way of interim arrangement on the following terms and conditions:-
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(1) The petitioner shall not sell or otherwise transfer this vehicle to any other third party unless specifically permitted by the competent court.
(2) The petitioner shall not make any change in the colour and body of the truck in question so that the witnesses, if required, can identify the vehicle at any stage of the trial.
(3) In the event of any accident, if the truck in question requires repairs, then in that event, before undertaking such repairs, the petitioner shall inform the concerned court and after obtaining the necessary prior permission, the petitioner shall undertake the repairing work.
(4) The truck in question may be produced before the Competent Court concerned as and when asked. It is clarified that this order is subject to the final outcome of the trial and orders that may be passed pertaining to the muddamal by the competent court at the conclusion of the trial.
(5) The petitioner shall not use or permit to use the truck in question in identical type of cases.
The order to be carried out by the trial Court concerned. Yadi to be sent to the trial court as well as to respondent nos. 1 & 2.
Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
15.12.1999����[ C.K. BUCH, J ] *rawal