IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WA.No. 2597 of 2009 --------------------------------- AGAINST THE ORDER IN WPC.32135/2009 Dated 11/11/2009 .................... APPELLANTS/RESPONDENTS IN WP ---------------------------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE S.I. OF POLICE, TIRUR, MALAPPURAM DISTRICT. BY ADDL.ADVOCATE GENERAL SRI.RANJITH THAMPAN RESPONDENT/PETITIONER IN WP ------------------------------------------------ SHAFEEQ.M.K, S/O.KOTTILENGAL UMMER, MUSLIYAM HOUSE, PERUNTHALLUOOR P.O., VETTOM, PALLIPPURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV.SRI.JAMSHEED HAFIZ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2009 ALONG WITH WPC 32135/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2597 OF 2009 and W.P.(C) No. 32135 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2009 JUDGMENT Basheer, J. This appeal, which is at the instance of the State is directed against an interim order passed by a learned Single Judge in W.P.(C) No. 32135 OF 2009. We have taken up the Writ Petition also for hearing along with this appeal as agreed by the learned counsel on either side. 2. Having heard learned Additional Advocate General who appears for the appellants and learned counsel for the respondent, we are of the view that the order passed by the learned Single judge giving interim custody of the vehicle to the respondent without insisting upon any condition, requires modification. 3. Therefore, appellants are directed to release respondent's vehicle bearing registration No.KL-7 K-4348 to W.A.No. 2597 OF 2009 and W.P.(C) No. 32135 OF 2009 -:2:- him on his depositing a sum of Rs.40,000/- in cash before the District Collector and also on executing a bond for a sum of Rs.40,000/- with two solvent sureties in the like sum undertaking to produce the vehicle as and when directed. The sureties may produce current basic tax receipt in respect of the immovable property owned by them. The appellants shall release the vehicle to the respondent immediately when the above conditions are complied with. 4. Having regard to the fact that large number of cases involving illegal transportation of sand in violation of the provisions contained in Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001, we are of the view that following guidelines/directions have to be issued with regard to the release of vehicles that may be involved in such cases. i. The vehicle shall be released to the registered owner on his depositing half of the total value of the vehicle as may be assessed by the Assistant Executive W.A.No. 2597 OF 2009 and W.P.(C) No. 32135 OF 2009 -:3:- Engineer(Mechanical), PWD as provided under Rule 4 of the Kerala Abkari(Disposal of Confiscated Articles) Rules, 1996 or the Assistant Motor Vehicles Inspector. ii. The registered owner shall execute a bond furnishing security for the balance amount to the satisfaction of the District Collector concerned. He shall further undertake to produce the vehicle as and when directed and also not to transfer/alienate the vehicle pending the proceedings. It shall also be undertaken by the registered owner that he will not cause any damage to the vehicle so as to reduce its value and utility. iii. If the vehicle gets involved in a similar offence after such release, it shall be liable to immediate seizure, in which event it shall not be released until finalisation of the proceedings. 5. We make it clear that the above guidelines/directions are not exhaustive. They are only intended to ensure that W.A.No. 2597 OF 2009 and W.P.(C) No. 32135 OF 2009 -:4:- adequate measures are taken to prevent recurrence of such offences under the Act. The Writ Appeal and the Writ Petition are disposed of as above. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb