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3. By this petition under Article 226 and 227 of the constitution of India read with Section 482 of the Criminal Procedure Code, the petitioner has prayed for modification of the condition imposed while passing an order dated 31.07.2019 passed by the learned Additional District Judge, Tapi at Vyara in Criminal Revision Application No.52/2016, by which, the petitioner is directed to furnish unconditional bank guarantee to the tune of 1.5 times the value of the muddamal seized vehicle with the bail and bond of the same amount.

R/SCR.A/12803/2021 ORDER DATED: 03/01/2022

4. Heard learned advocate, Mr. Sadik Ansari appearing for the petitioner and learned Public Prosecutor, Mr. L.B. Dabhi for the respondents.

5. Learned advocate for the petitioner submitted that that muddamal vehicle has been seized by the Police authority in connection with an FIR being C.R. No.I-117/2018 registered with Songadh Police Station, Tapi for the offences under Sections 379, 186, 506(2), 511 and 114 of the Indian Penal Code, under Section 21 of the Mines and Minerals (Regulation and Development) Act, 1957 and Rule 21(2) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and for the release of the muddamal vehicle, the petitioner filed an application under Section 451 of the Criminal Procedure Code, 1973 before the concerned Magistrate Court for getting interim custody of the vehicle in question, which has been seized by the Investigating Agency in connection with the aforesaid FIR, which came to be dismissed by the concerned Magistrate Court and, therefore, the petitioner filed Criminal Revision Application 52/2019 before the learned District Judge, Tapi at Vyara, who by impugned order dated 31.07.2019, allowed the said application and thereby released the muddamal vehicle on certain terms and conditions mentioned in the said order. He further submitted that that the petitioner is the owner of the muddamal vehicle and petitioner is carrying on the business of transport, however as stated above, the muddamal vehicle was detained by the police on allegation that it was involved in R/SCR.A/12803/2021 ORDER DATED: 03/01/2022 illegal mining and transportation of minor mineral sand. He further submitted that in fact, the condition imposed by the learned Sessions Judge is too harsh and it is not possible for the petitioner to fulfill the same.

6. Learned advocate for the petitioner submitted that in such type of matters of release of muddamal vehicles seized pursuant to the FIR, for which, vehicle in question is seized, this Court has entertained those petitions and passed an order modifying the condition imposed by the Court below and. Learned advocate has placed on record a copy of order dated 15.07.2021 passed by this Court in Special Criminal Application No.3746/201. Learned advocate has shown willingness to submit solvent surety instead of unconditional bank guarantee to the tune of 1.5 times the value of the muddamal seized vehicle with the bail and bond of the same amount. It is, therefore, urged that this petition be allowed by modifying the conditions imposed by the concerned Sessions Court.

9. Therefore, the present petition is allowed. The condition imposed while passing an order dated 31.07.2019 passed by the learned Additional District Judge, Tapi at Vyara in Criminal Revision Application No.52/2016 is hereby modified to the extent that the petitioner is permitted to submit a solvent surety to the extent of Rs.6.00 lakhs to the satisfaction of the authority concerned instead of furnishing unconditional bank guarantee to the tune of 1.5 times of the value of the muddamal vehicle and upon such furnishing solvent surety, the muddamal vehicle shall be released in favour of the petitioner. Rest of the conditions imposed by the court below shall continue to operate.