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Judgment
M. Jeyapaul, J.—The petition is filed praying for quashing the order dated 30.9.2013 passed by learned ACJM, Nuh refusing to release the Tractor bearing registration No. HR-27B-1107 alongwith compressor, drill machine and drilling rod which were recovered during the course of investigation.
Heard the submissions made on either side.
It is true that the vehicle was allegedly involved in illegal mining. Two cases have been booked simultaneously on recovery of the subject Tractor.
It may take some time for the trial to conclude. If the vehicle is kept in open, it will attain only scrap value. Nobody will be benefited out of such an exercise. If proper condition is imposed on the petitioner, the vehicle can be secured from the custody of the petitioner. The misuse of the vehicle also can be avoided.
In view of the above, the impugned order passed by learned ACJM, Nuh stands set aside and the Tractor bearing registration No. HR-27B-1107 alongwith compressor, drill machine and drilling rod is ordered to be released forthwith on execution of bond/surety to the satisfaction Chief Judicial Magistrate/Duty Magistrate, Nuh on condition that the Tractor shall not be alienated by the petitioner; the features of the Tractor shall not be changed and the Tractor shall be produced as and when required by the trial Court.
Petition stands allowed.