IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Crl.MC.No. 1594 of 2009(D) ------------------------------------- (CRIME NO. 682/09 OF NJARACKAL POLICE STATION) ........... PETITIONER: ------------------- HEMIL C.T., AGED 29 YEARS, S/O. THANKAPPAN, CHERUPULLYPARAMBIL HOUSE, 15/131, ELAMKUNNAPUZHA, N.PARAVUR. BY ADV. MR.K.V.SABU. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1594 OF 2009 ------------------------------------------ Dated 23rd May 2009 O R D E R Petitioner claiming to be the registered owner of motor bike KL.7/BA-9425 filed Crl.M.P.1783/2009 in crime No.682/2009 of Narakal police station under Section 451 of Code of Criminal Procedure, to release the vehicle which was seized by the police on the allegation that the accused in that case found using the vehicle to transport arms. Under Annexure-A4 order learned Magistrate dismissed the petition for the reason that Section 32 of Arms Act regulates the circumstances and provide for confiscation proceedings is separately contemplated and so interim custody cannot be granted. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. It is admitted case that as of now petitioner is not an accused in the case. Motor bike KL-7/BC-9425 was seized in crime No.682/2009 of Narakal police station. The case is under CRMC 1594/09 2 investigation. Section 32 of Arms Act empowers the Magistrate to confiscate. As is clear from sub section 1 of Section 32 the said confiscation is when a person is convicted for an offence under the Arms Act. No confiscation is contemplated at the investigation stage. Question whether the vehicle is to be confiscated or not is to be considered only at a later stage, if there is a conviction for the offence under the Arms Act. Petitioner being the registered owner is entitled to get interim custody of the vehicle on sufficient conditions. Annexure-A4 order is therefore quashed. Judicial First Class Magistrate-I, Kochi is directed to release the vehicle to the petitioner if he produces the original registration certificate and establish his ownership and execute a bond undertaking not to transfer the vehicle and to produce the vehicle as and when called for and on furnishing a bank guarantee for Rs.20,000/-(Rupees Twenty Thousand only). Petition is allowed. M.SASIDHARAN NAMBIAR, JUDGE. uj. CRMC 1594/09 3