IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4424 of 2008() ------------------------- CMP.11895/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA CRIME NO.373/08 OF MARARIKULAM POLICE STATION .................... PETITIONER(S): --------------- HAMSA, S/O.HAMSAKUTTY, MUKKIL PUTHEN VEEDU, ERUVAYIL MURI, PATHIYOOR VILLAGE. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, MARARIKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4424 of 2008 ------------------------------------- Dated this the 25th day of November, 2008 ORDER Petitioner is the owner of a vehicle - a tempo van bearing No.KL-04S-1535. That vehicle was seized by the police on the allegation that it was used for transportation of kerosene in violation of the provisions of the Essential Commodities Act read with Kerala Kerosene Control Order. The petitioner applied for release of the vehicle. The said request was turned down by the learned Magistrate holding that the seized vehicle is produced before the defacto complainant. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions submits that no proceedings have commenced before the defacto complainant under Section 6A of the Essential Commodities Act. In these circumstances, the learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose that prayer and I am satisfied that the vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. Necessary and adequate safeguards can be insisted. 3. In the result: a) This Crl.M.C is allowed; b) The impugned order is set aside; Crl.M.C. No.4424 of 2008 2 c) The vehicle shall be released to the petitioner on the following terms and conditions: i) The petitioner shall produce all documents before the learned Magistrate to satisfy the learned Magistrate that he is the owner entitled to possession of the vehicle; ii) The petitioner shall execute a bond for an amount equal to the value of the vehicle to be determined by the learned Magistrate provisionally with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) In the bond to be executed by the petitioner, the petitioner shall undertake that the vehicle, while in his possession on the strength of this order, shall not be used or permitted to be used for commission of any offence under the Essential Commodities Act or the rules thereunder. It shall also be undertaken by the petitioner that the vehicle shall be produced by him before the learned Magistrate as and when directed or before the District Collector if so directed by him after a final order is passed in confiscation proceedings under the Essential Commodities Act. iv) If the above conditions are satisfied, the learned Magistrate shall issue orders of release and the vehicle shall be released to the petitioner in whose soever custody it may be. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-