IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 105 of 2009() ------------------------ CMP.4646/2008 of JUDL. MAGISTRATE OF FIRST CLASS, ` KUNNAMANGALAM CRIME NO.321/08 OF THE MAVOOR POLICE STATION. .................... PETITIONER(S): --------------- MOHAMMED, S/O.ABDULLA, 24 YEARES OTHAYAMANGALAM, CHEROOPA, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- SUB INSPECTOR OF POLICE MAVOOR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 105 of 2009 ------------------------------------------------- Dated this the 20th day of January, 2009 ORDER The vehicle belonging to the petitioner was allegedly involved in the commission of an offence under the Kerala Protection of River Banks and Regulation of Sand Act, 2001 (for short `the Act'). The vehicle was seized, crime was registered and the seizure was reported to the learned Magistrate. The petitioner applied for release of the vehicle. The learned Magistrate by the impugned order took the view that the vehicle cannot be released to the petitioner. Accordingly, the impugned order was passed. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Given an opportunity, he shall be in a position to substantiate that the allegations raised against the petitioner at present and earlier were all false and incorrect. At any rate, no significance can be attached to the Crl.M.C. No. 105 of 2009 -: 2 :- earlier seizure as the vehicle has admittedly been released to the petitioner after such seizure. In any view of the matter, the learned counsel prays that the vehicle may not be exposed unnecessarily to the risk of damage and deterioration by exposure to sun and rain. Subject to any appropriate conditions, the vehicle may be ordered to be released to the petitioner, he prays. 3. The learned Public Prosecutor points out that the vehicle was involved in an earlier identical crime. Information about the details of the seizure and the consequent action are not available with the learned Public Prosecutor; but the learned Public Prosecutor asserts that this vehicle was earlier involved in other similar crime and the release has been secured by the petitioner. 4. I have considered all the relevant circumstances. I find merit in the submission of the learned counsel for the petitioner that the vehicle should not be unnecessarily exposed to sun and rain and forced to suffer damage and deterioration. Crl.M.C. No. 105 of 2009 -: 3 :- 5. I am satisfied that subject to appropriate terms and conditions, the vehicle can be ordered to be released to the petitioner. There is no contention that the District Collector has passed any order under the provisions of the Act. Appropriate and strict conditions can of course be made. 6. In the result, (a) This Crl.M.C. is allowed. (b) The impugned order is set aside. (c) The vehicle belonging to the petitioner shall be released to the petitioner on the following terms and conditions: (i) The petitioner shall produce before the learned Magistrate all documents to show that he is the person entitled to possession of the vehicle. (ii) He shall execute a bond for an amount equal to the value of the vehicle as may be ascertained and determined by the learned Magistrate along with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioner shall, in the bond to be executed by Crl.M.C. No. 105 of 2009 -: 4 :- him, undertake that he shall produce the vehicle before the confiscating authority after a valid final order for confiscation is passed under the provisions of the Act. (iv) The petitioner shall deposit an amount of Rs.50,000/- (Rupees fifty thousand only) as cash security before the learned Magistrate. 7. Hand over copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 105 of 2009 -: 5 :-