IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Crl.MC.No. 3061 of 2011() ------------------------------------- AGAINST THE ORDER DATED 17/03/2011 IN ORDER IN CRMP.NO. 84/2011 of SPL.COURT (NDPS ACT CASES), VADAKARA --------------------------------- PETITIONER(S): PETITIONER/ACCUSED ----------------------------------------------------------- NAZAR.M.K,S/O.KUNHIBABA,MULAKKAL THODIYIL HOUSE,THRISILLERI POST, MULLAN KOLLIYIL, WAYANAD DISTRICT,(PRESENTLY PUT UP AT PUTHEN PURAYIL,BAIRAKUPPA,H.D. KOTTA, MYSORE). BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): RESPONDENT/COMPLAINANT & STATE ------------------------------------------------------------------------------------- 1. STATION HOUSE OFFICER, MANANTHAVADI POLICE STATION,MANANTHAVADI.PIN- 670 645. 2. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM .PIN- 682 031. R1 & R2 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3061 of 2011 ----------------------------------- Dated this the 27th day of September 2011 O R D E R Petitioner is stated to be the owner of the autorickshaw bearing No.KL-12-D-2909. It is stated that the said autorickshaw was also seized by the police officer as it was stated to have been used for transporting 1.340 kgms. of Ganja. It was stated that the accused who is stated to be the owner-cum-driver of the autorickshaw is granted bail. His application for getting interim release of the autorickshaw under Sec.451 Cr.P.C. was dismissed by the learned Special Judge for NDPS cases, Vadakara. It is stated that the accused is likely to use the said vehicle for similar illegal purposes. 2. Heard the learned Public Prosecutor. 3. It is submitted by the learned counsel for the petitioner that if this autorickshaw is kept exposed to sun Crl.M.C. No.3061 of 2011 -: 2 :- and rain, it is likely to be damaged and so it may be given interim custody so that the petitioner may eke out his livelihood. Considering all the aspects, this Crl.M.C. is disposed of with the following directions :- (i)The autorickshaw mentioned above shall be released to the petitioner on production of original RC Book and other vehicular documents, and; (ii)on furnishing a cash security of Rs.40,000/- or by producing bank guarantee for Rs.40,000/- or executing a bond for Rs.50,000/- with two solvent sureties for the like amount for which the petitioner shall produce original title deeds of his property and also the recent basic tax receipts or one of the sureties shall produce the original title deeds of his property along with basic tax receipts. (iii)The attested photographs of the autorickshaw showing all the particulars shall be furnished before Crl.M.C. No.3061 of 2011 -: 3 :- the court. (iv)If the original R.C.Book is required it can be released to him, after verification of the same and when photocopy of the same is produced before that court. N.K.BALAKRISHNAN, JUDGE. Jvt