IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3724 of 2008() ------------------------- CMP.3071/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KASARAGOD .................... PETITIONER: --------------- P.B. DROPHY AGED 34 YEARS, S/O. BALANANDAN, PUTHENPURAYIL HOUSE, VADACODE P.O., KANGARAPADY. THRIKKAKARA NORTH VILLAGE, ERNAKULAM DT. BY ADV. SRI.JIJO THOMAS SRI.MALLENATHAN.M. RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY KUMBLA EXCISE RANGE OFFICER, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3724 OF 2008 ----------------------------------------------- Dated this the 20th day of October, 2008 O R D E R Petitioner's driving licence has been seized by the Excise Officials in connection with the investigation into a very serious crime allegedly committed under the Kerala Abkari Act. The petitioner was the driver of the vehicle involved in the illicit transportation. His driving licence was seized and the same is retained in custody of the court. According to the petitioner, the validity of the driving licence has already been expired on 16.08.07. He wants the same to be renewed. He is unable to apply for renewal as he is not in a position to produce the driving licence. He therefore prays that his licence may be released to him. His application for the release was opposed and the learned Magistrate dismissed the same observing that the same has validity up to 19.05.2024. The learned counsel for the petitioner submits that the learned Magistrate did not carefully apply his mind to the case. The driving licences are of two categories - non- transport and transport. In respect of both these categories the petitioner's licence has validity from the same date i.e., 17.08.04, Crl.M.C. No. 3724 OF 2008 -:2:- but the validity in so far as non-transport vehicle continues till 19.05.2024, where as that of transport vehicle has already expired on 16.08.07. Without taking note of these, the learned Magistrate, observing that the driving licence is valid up to 2024, had dismissed the application. Subject to any conditions the driving licence may be ordered to be returned to the petitioner only for the purpose of enabling him to renew the same for the non-transport category, submits learned counsel for the petitioner. 2. The request does appear to me to be absolutely reasonable. The learned Public Prosecutor submits that the petitioner may abscond if the original driving licence was released to him. I am satisfied in the facts and circumstances of this case, that subject to appropriate conditions, the driving licence can be released to the petitioner for the limited act/purpose of renewing the same, in so far as it relates to the category of transport vehicles. Appropriate conditions can of course be imposed. 3. In the result: a) This Crl.M.C is allowed. b) The impugned order is set aside. Crl.M.C. No. 3724 OF 2008 -:3:- c) It is directed that the driving licence of the petitioner produced in court shall be released to the petitioner on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- with two solvent sureties undertaking to abide by all the conditions imposed. ii) The release shall be subject to the following conditions: 1) he shall produce a certified photocopy of the licence for substitution before the Court. 2) He shall re-produce the driving licence before the learned Magistrate within one month on the date of which the same is handed back to him by the court below. R. BASANT, JUDGE ttb Crl.M.C. No. 3724 OF 2008 -:4:- Crl.M.C. No. 3724 OF 2008 -:5:-