In Brief
A contractor engaged by the National Highway Authority sought release of a seized excavator under Section 451 of the Code of Criminal Procedure. The Magistrate ordered release on condition of a bank guarantee for alleged loss to a demolished building. The High Court deleted this condition; the Supreme Court upheld the High Court, holding that a bank guarantee need not be insisted when the vehicle is released on adequate alternative security (self-bond and sureties). The Court considered that the building was demolished as per direction of superior officers during authorized highway development work, and the bank guarantee condition was therefore unnecessary.
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