IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 CRL.MC.No. 3989 of 2009() ------------------------- CRMP.3080/2009 OF SESSIONS COURT, KOLLAM .................... PETITIONER/PETITIONER. -------------------------- PANKAJAKSHY AMMA W/O.VIJAYAN, SAINSSA MANZIL, PADINJATTINKARA MURI KOTTARKKARA PO, KOTTARAKKARA TALUK, KOLLAM DISTRICT BY ADV. MR.B.MOHANLAL RESPONDENT/COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rkc M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3989 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Auto rickshaw No.KL-24-A/6643 was seized in crime No.8/2009 of Karunagappally Excise Range, as the passengers traveling in the auto rickshaw were found in possession of ganja. Petitioner being the registered owner filed Crl.M.P.3080/2009, under Section 451 of Code of Criminal Procedure for interim custody of the vehicle. By Annexure-III order learned Sessions Judge granted interim custody, but on conditions. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition directing the petitioner to furnish bank guarantee for the value of the vehicle as fixed by Crmc 3989/09 2 the Regional Transport officer. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor fairly submitted that driver of the auto rickshaw is not an accused and he is only a witness in the case. So long as the passengers were found to be in possession of ganja, when that possession was without the knowledge of the owner or even the driver, I do not find any necessity to insist for the production of bank guarantee. 4. Hence condition in Annexure- III order to furnish bank guarantee is quashed. Instead petitioner shall execute a bond for Rs.50,000/- with two solvent Crmc 3989/09 3 sureties for the like sum to the satisfaction of the learned Sessions Judge undertaking to produce the vehicle as and when required. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.