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2015 (2) TMI 779 - HC - Indian LawsRejection of interim custody of vehicle seized - Default in payment of bank loan - Vehicle illegally transporting about 528 quarters of country made liquor, each containing 180 ml - Held that:- Finding of guilt has not been given by a competent criminal Court. The seized vehicle is lying in the premises of the police station since 28th May, 2012. If the vehicle is not given in interim custody, then it is likely to suffer damage. In view of the above facts and the law laid down by the Hob’ble Supreme Court in the case of Sunderbhai Ambalal Desai (2002 (10) TMI 773 - SUPREME COURT) the instant case is a fit case, in which interim custody 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.
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