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Judgment
Anoop Chitkara, J
Aggrieved by huge amount of bank guarantee for release of Swift White colour car on supardari, which was seized under the Punjab Excise Act, the petitioner, who is the registered owner came up before this Court.
Vide order dated 07.03.2022, learned Judicial Magistrate Ist Class, Samana directed the release of the said car subject to furnishing of bank guarantee in the sum of Rs.2,00,000 (Two Lacs) with one surety in the like amount.
In Darshan Singh Vs. State of Punjab CWP-24941-2019 etc. decided on 28.01.2020, a Division Bench of this Court passed the following order:-
“6. In the circumstances, we deem it appropriate to order therelease of the vehicles on Sapurdari on the condition that the petitioners shall deposit 20% of the assessed amount in cash and give security for the remaining amount along with the other conditions which may have been imposed by the Court to the satisfaction of the Trial Court.
In view of the stand of the State it is clear that no useful purpose would be served by keeping these petitions pending. Consequently, the same are disposed of as having been rendered infructuous.”
Given above, the guarantee amount is reduced to 20% in the light of the judgment cited above. Thus, instead of Rs.2,00,000/-, the guarantee amount stands reduced to 40,000/- & surety for Rs. 1,60,000/-. The remaining part of the order shall remain as it.
Petition allowed in aforesaid terms. All pending applications, if any, stand disposed.