127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32788-2025 Date of Decision: 03.07.2025 Amarpreet Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Mitul Singh Rana, Advocate for the petitioner(s). Mr. J.S. Arora, DAG, Punjab. *** RAJESH BHARDWAJ , J. (ORAL) 1. Instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of impugned order dated 15.01.2025 (Annexure P-2) passed by the Ld. SDJM, Balachaur in case FIR No.103 dated 18.12.2024 under Section 61 of the Punjab Excise Act, 1914 registered at Police Station City Balachaur, District SBS Nagar (Annexure P-1) only to the extent of imposition of condition whereby the vehicle i.e. car mark Toyota Etios GD, bearing registration number HR-03-N-9953 was ordered to be released on Superdari on deposit of security to the tune of Rs.5 lakhs in the form of cash security or bank guarantee. 2. Learned counsel for the petitioner submits that the petitioner had filed an application for release of vehicle on Superdari and the learned trial Court vide order dated 15.01.2025 has released the vehicle on Superdari with a condition of depositing Rs.5 lakhs in cash security or a bank guarantee. He submits that the condition imposed is onerous as the petitioner is not in a Parveen Kumar 2025.07.04 10:07 I attest to the accuracy and integrity of this document CRM-M-32788-2025 -2- position to produce the guarantee in cash. He, thus, submits that instead of security of Rs.5 lakhs in the form of cash security petitioner may be allowed to furnish surety/surities bonds of Rs.5 lakhs. 3. Notice of motion. 4. Mr. J.S. Arora, DAG, Punjab appears and accepts notice on behalf of the State. 5. After hearing learned counsel for the petitioner and perusing the record, this Court is of the opinion that the condition imposed by the Ld. Trial Court on the petitioner to deposit the security to the tune of Rs.5 lakhs in the form of cash security or a bank guarantee vide its order dated 15.01.2025 (Annexure P-2) is onerous. Hence, the same is hereby modified and the petitioner is allowed to furnish surety bonds of Rs.5 lakhs instead of cash security or a bank guarantee of Rs.5 lakhs. 6. Accordingly, the instant petition stands disposed of. (RAJESH BHARDWAJ) 03.07.2025 JUDGE Parveen kumar Whether speaking/reasoned :Yes/No Whether reportable :Yes/No Parveen Kumar 2025.07.04 10:07 I attest to the accuracy and integrity of this document