Superdari conditions for seized vehicle must be limited to securing production; excessive surety and future-use restraint were set aside.

Where a seized commercial vehicle is no longer required for investigation and no confiscation order has been passed, superdari conditions must be confined to securing production of the vehicle when required. The Court found the surety imposed below excessive and directed release of the bus on a reduced surety of Rs. 1 lakh. It further held that there was no legal basis for requiring an undertaking that the bus would not be used for a similar offence for one year, and set aside that condition. The release terms were therefore modified to remove the unsupported restraint while preserving adequate security for the proceedings.

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Issues: (i) Whether the seized bus should be released on superdari and what security was ; (ii) Whether the condition requiring an undertaking that the bus would not be used for a similar offence for one year was sustainable.

Issue (i): Whether the seized bus should be released on superdari and what security was .

Analysis: The vehicle was no longer required for investigation, no confiscation order had been passed, and the purpose of superdari was only to secure production of the vehicle when required. In these circumstances, the Court considered the surety amount imposed below to be excessive and found that a lesser surety would adequately protect the interests of the proceedings.

Conclusion: The bus was directed to be released on superdari on furnishing a surety of Rs. 1 lakh.

Issue (ii): Whether the condition requiring an undertaking that the bus would not be used for a similar offence for one year was sustainable.

Analysis: The Court held that there was no warrant in law for imposing an undertaking restraining future use of the commercial vehicle in the manner directed by the impugned order. The release condition could be secured by the surety already directed, without adding the disputed undertaking.

Conclusion: The condition requiring the undertaking not to use the bus for a similar offence for one year was set aside.

Final Conclusion: The impugned release conditions were modified, with the petitioner obtaining release of the vehicle on a reduced surety and without the disputed undertaking condition.

Ratio Decidendi: When a seized vehicle is no longer required for investigation and no confiscation order has been passed, superdari conditions must be limited to securing production of the vehicle and may be modified if they are not legally warranted or are excessive.

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