IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19102 of 2010(K) -------------------------------- PETITIONER: -------------- NIYAS, S/O.MOHAMMED BASHEER, AGED 28 YEARS,PUNNAVILAYIL, PALLISSERICKAL P.O., SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK,KOLLAM DISTRICT.(REGISTERED OWNER OF A MINI LORRY BEARING REGISTRATION No.KL-36-4736). BY MR.P.M.ZIRAJ, ADVOCATE. RESPONDENTS: ------------------ 1. THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT. 2. THE DISTRICT COLLECTOR, KOLLAM DISTRICT. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19102 OF 2010 --------------------------------------- Dated this the 21st day of June, 2010. J U D G M E N T The petitioner is the registered owner of a Mini Lorry bearing registration No.KL-36-4736. On 16.05.2010, the said Lorry was seized by the 1st respondent alleging illegal transportation of river sand. The petitioner has filed Exhibit P1 application before the 2nd respondent seeking for release of the Lorry by way of interim custody. It is submitted that the said application has not been considered so far. 2. A Division Bench of this Court in Writ Appeal No.2578/2009 has prescribed certain guidelines with regard to the release of the vehicles that may be involved in such cases, which reads as follows: i) The vehicle shall be released to the registered owner on his depositing half of the total value of the vehicle as may be assessed by the Assistant Executive Engineer (Mechanical), PWD as provided under Rule 4 of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 or the Assistant Motor Vehicles W.P.(C) No.19102/2010 2 Inspector. ii) The registered owner shall execute a bond furnishing security for the balance amount to the satisfaction of the District Collector concerned. He shall further undertake to produce the vehicle as and when directed and also not to transfer/alienate the vehicle pending the proceedings. It shall also be undertaken by the registered owner that he will not cause any damage to the vehicle so as to reduce its value and utility. iii) If the vehicle gets involved in a similar offence after such release, it shall be liable to immediate seizure, in which event it shall not be released until finalisation of the proceedings. There will be a direction to the 2nd respondent District Collector to release the vehicle to the petitioner on the above conditions within a period of two weeks. The same will be subject to the final orders to be passed in the proceedings pending before the District Collector. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp