IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2759 of 2008() ------------------------- CRMP.2139/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI (CRIME NO.28/2008 OF KULAMAVU POLICE STATION) .................... PETITIONER: ------------ SALLY RAJU, W/O.RAGU, VENGASSERIL HOUSE, ARAKULAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: ------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.28 OF 2008 OF KULAMAVU POLICE STATION) BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2759 of 2008 ------------------------------------- Dated this the 30th day of July, 2008 ORDER Petitioner is the owner of an autorickshaw. That autorickshaw is allegedly involved in an offence punishable under the Kerala Abkari Act. The son of the petitioner, submits the learned Public Prosecutor, was allegedly driving the vehicle at the relevant time. The vehicle was seized. Crime was registered by the police. The vehicle was produced before the learned Magistrate. The seizure was effected on 08.06.08. The petitioner filed an application for release of the vehicle. The Investigating Officer had filed a report that the vehicle may be handed over to the Assistant Excise Commissioner for action under Section 67 B of the Kerala Abkari Act. When the petition for release filed by the petitioner came up for consideration, the learned Judge observed that since the application to forward the vehicle to the authority under Section 67 B of the Kerala Abkari Act was pending, the petitioner must now apply before such authority for release. Accordingly the impugned order was passed. 2. The learned counsel for the petitioner submits that the vehicle has been remaining in custody of the authorities from Crl.M.C. No.2759 of 2008 2 08.06.08. The petitioner is willing to abide by any conditions. Either the Magistrate or the Assistant Excise Commissioner, who, it is submitted, proposes to initiate proceedings under Section 67 B of the Kerala Abkari Act, may be directed to release the vehicle invoking the powers of this Court either under Section 482 Cr.P.C or under Article 226 of the Constitution of India. In any view of the matter, the vehicle may not be exposed to sun and rain and subjected to damage and deterioration. 3. The learned Public Prosecutor was requested to respond. The learned Public Prosecutor submits that on appropriate conditions which shall ensure that the vehicle shall be available for proceedings before the Assistant Excise Commissioner under Section 67 B of the Kerala Abkari Act, the vehicle can be directed to be released. But appropriate conditions may be imposed. Bank guarantee may be insisted, submits the learned Public Prosecutor. 4. I must imbibe the spirit of expedition which is reflected in the decision of the Supreme Court in Sunder bhai Ambalal Desai v. State of Gujarat [A.I.R 2003 S.C 638]. 5. I am satisfied, in these circumstances, that direction for release of the vehicle can be issued. Crl.M.C. No.2759 of 2008 3 6. In the result: a) This Crl.M.C is allowed; b) The vehicle (autorickshaw) bearing Reg.No.KL 7 AH 980 belonging to the petitioner shall be released to the petitioner by the Assistant Excise Commissioner, before whom the same has been produced for action under Section 67 B of the Kerala Abkari Act on the following terms and conditions: i) The petitioner shall produce registration certificate of the vehicle in his name before the Assistant Excise Commissioner; ii) The petitioner shall execute a bond for the value of the vehicle to be ascertained and determined by the Assistant Excise Commissioner without any sureties; iii) The petitioner shall produce a bank guarantee from any nationalised bank for the value of the vehicle referred above to the satisfaction of the Assistant Excise Commissioner; iv) In the bond to be executed by the petitioner, the petitioner shall undertake to keep the vehicle in the same condition and to produce the vehicle before the Assistant Excise Commissioner or the learned Magistrate concerned as and when directed. (R.BASANT, JUDGE) rtr/-