IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Crl.MC.No. 2829 of 2009 --------------------------------------- CRMP.1326/2009 of SESSIONS COURT, KOLLAM .................... PETITIONER/PETITIONER: MINI P.SUNNY, AGED 38 YEARS, W/O. SUNNY, PERUMPUZHA HOUSE, PAMPUPARA, ANAKKARA P.O., IDUKKI DISTRICT BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT/COMPLAINANT: STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2829 of 2009 -------------------------- ORDER By Annexure-I order in Crl.M.P.No.1326/2009, Sessions Judge, Kollam granted interim custody of Maruti Alto Car KL-37/1457 to the petitioner, which was seized in Crime No.3/2009 of Karunagappally Excise Range for the offences under Sections 21(c) and 29(1) of Narcotic Drugs And Psychotropic Substances Act on conditions. First condition was to produce bank guarantee for Rs.1,60,000/-. This petition is filed to quash the said condition contending that petitioner is only an agriculturist and is not in a position to furnish bank guarantee for Rs.1,60,000/- and in such circumstances, the condition be modified and petitioner may be permitted to execute a bond for that amount or in the alternative, petitioner may be permitted to furnish immovable property as sufficient security. 2. Learned Public Prosecutor submitted that the case is under investigation and if it is established that the narcotic drug was transported with the consent CRMC 2829/09 2 or knowledge of the petitioner, the vehicle is liable to be confiscated and in such circumstances, learned Sessions Judge was justified in imposing the condition. 3. Learned Sessions Judge directed the petitioner to furnish bank guarantee for Rs.1,60,000/-, as the vehicle is being entrusted to the petitioner under Section 451 of Code of Criminal Procedure, as, on investigation, it may be liable for confiscation. In such circumstances, the said direction cannot be said to be illegal. As the grievance of the petitioner is that she is not in a position to deposit Rs.1,60,000/- so as to furnish a bank guarantee for that amount, petitioner is permitted to furnish sufficient immovable property as sufficient security, to the satisfaction of the concerned Magistrate/Sessions Judge, instead of producing the bank guarantee. Petition is disposed. 28th October, 2009 (M.Sasidharan Nambiar, Judge) tkv