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2015 (2) TMI 779

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..... ody can be given in exercise of inherent powers under Section 482 of Cr. P.C. - in case the petitioner furnishes a solvent surety of ₹ 6.5 lacs having a recent and valid solvency certificate alongwith a personal bond in the like amount to the satisfaction of the concerned trial Court, then the seized vehicle i.e. Bolero bearing registration No. CG-10FA-2281 shall be given in interim custody of the petitioner, if he is the registered owner thereof, subject to the certain conditions - Decided conditionally in favour of assessee. - Cr. M.P. No. 236 of 2013 - - - Dated:- 5-3-2013 - G. Minhajuddin J. ORDER With the consent of the parties, the matter is being disposed of finally at the admission stage. 02. This petition un .....

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..... the courts below. 05. The vehicle in question has been seized in connection with Cr. No. 74/12 in respect of the offence punishable under Section 34(2) of the Act, 1950 for illegally transporting about 528 quarters of country made liquor, each containing 180 ml. From perusal of the material filed alongwith the charge sheet, it is found that the Collector has initiated confiscation proceedings in respect of the seized vehicle and intimation of the same has been given to the concerned Magistrate, on account of which, in view of the provisions of Section 47(d) of the Act, 1950, the application filed by the applicant for interim custody under Section 457of Cr.P.C. was rejected by the CJM, Mungeli and the same has been subsequently affirme .....

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..... ike amount to the satisfaction of the concerned trial Court, then the seized vehicle i.e. Bolero bearing registration No. CG-10FA-2281 shall be given in interim custody of the petitioner, if he is the registered owner thereof, subject to the following conditions : (i) That before delivery of the vehicle, an inventory of the accessories would be recorded by the concerned authority and a photograph of the vehicle will also be taken. (ii) That the applicant/registered owner shall not alienate, or in any manner transfer or handover the vehicle to anybody or create a third party interest on the vehicle till the final disposal of the aforesaid case and he shall produce the vehicle as and when directed by the concerned authority. (iii) Th .....

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