IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2464 of 2008() ------------------------- CRMP.1089/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER: PETITIONER: ACCUSED ---------------------- BINU, S/O.VELAYUDHAN, AGED 28 YEARS, NIRAPPIL HOUSE, KALLAMALA AMSOM AND DESOM, MANNARKKAD. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, AGALI EXCISE RANGE, MANNARKKAD. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2464 of 2008 ------------------------------------- Dated this the 8th day of July, 2008 ORDER Petitioner's vehicle, a motor cycle, was allegedly involved in the commission of an offence under the Kerala Abkari Act. The learned Magistrate by the impugned order had directed release of the vehicle subject to conditions. The petitioner is aggrieved by the direction by condition No.2 which obliges him to deposit an amount of Rs.30,000/- as cash deposit before the learned Magistrate as condition for release of the motor cycle. The learned counsel for the petitioner submits that no proceedings under Section 67 (B) of the Kerala Abkari Act has at all been initiated. In these circumstances, the first condition imposed that the petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum is more than sufficient to secure the interests of the State. In these circumstances it is prayed that the said condition No.2 may be deleted. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits Crl.M.C. No.2464 of 2008 2 that though the seizure was on 05.03.08, till the filing of this petition on 30.06.08, no action under Section 67 (B) of the Kerala Abkari Act has been taken. However it is submitted that show cause notice has been issued on 04.07.08. 3. Having considered all the relevant circumstances, I am satisfied that the said condition No.2 can be deleted. The other conditions imposed, I am satisfied, are sufficient to secure the interests of the State. I note that the learned Magistrate has already imposed a condition that the vehicle will have to be produced before the authorised officer if order of confiscation is passed under Section 67 (B) of the Kerala Abkari Act by the competent authority. 4. This Crl.M.C is, in these circumstances, allowed. The said condition No.2 is deleted. (R.BASANT, JUDGE) rtr/-