IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3988 of 2008() ------------------------- CRIME NO. 1175/08 OF MUVATTUPUZHA POLICE STATION CMP.1538/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S): CLAIMANT ----------------------- MARY JOY, VAVUNKAL HOUSE, EAST MARADY.P.O, MUVATTUPUZHA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, MUVATTUPUZHA POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3988 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner is the owner of an autorikshaw, which is allegedly involved in an offence under the Kerala Abkari Act. The vehicle was produced before the learned Magistrate. Later the vehicle was handed over to the detecting officer for initiation of proceedings for confiscation under Section 67B of the Act. Seizure was effected on 13.9.2008. Admittedly no notice under Section 67B of the Kerala Abkari Act to show cause has so far been issued. 2. The learned counsel for the petitioner submits that continuance of the vehicle in the custody of the officials exposing the same to sun and rain would result in needless hardship, inconvenience, loss and deterioration for the vehicle. It is in these circumstances prayed that subject to any appropriate conditions, whether invoking the powers under Section 451/457 or invoking the constitutional jurisdiction under Article 226 the vehicle may be directed to be released to the petitioner. Crl.M.C.No. 3988 of 2008 2 3. Notice was given to the learned Prosecutor. The learned counsel submits that the State has no objection in the vehicle being released to the petitioner, subject to appropriate conditions, including furnishing of bank guarantee. 4. I am satisfied in the facts and circumstances of the case that the vehicle can be directed to be released to the petitioner subject to appropriate safeguards. 5. In the result: a) This Crl.M.C. is allowed. b) 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 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 to be determined by the learned Magistrate and shall furnish bank guarantee from any Nationalised bank for such amount. Crl.M.C.No. 3988 of 2008 3 iii) In the bond to be executed by the petitioner, he shall undertake that the vehicle shall not be used for the commission of any offence under the Kerala Abkari Act while it is in his possession and shall further undertake to produce the vehicle before the learned Magistrate or the authority under Section 67B of the Act or any other officer as directed by the court or such authority. (R. BASANT) Judge tm