IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3723 of 2008() ------------------------- CMP.7468/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER: PETITIONER ---------------------------- ASHKAR ALI, S/O. MUHAMMED VELIYATTIL HOUSE, WADAKKANCHERY. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PAZHAYANNUR POLICE STATION. BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3723 OF 2008 ----------------------------------------------- Dated this the 13th day of October, 2008 O R D E R The petitioner’s vehicle, lorry No.KL 2-M 5016 was allegedly involved in the commission of an offence under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001. A crime was registered. The vehicle was seized. Seizure was reported to the learned Magistrate. Investigation is now complete. Final report has already been filed. Seizure was effected on 15.08.08. The vehicle is now continuing in the custody of the court. Petitioner applied to the learned Magistrate for release of the vehicle in his favour. That application was rejected by the learned Magistrate on the ground that the vehicle is involved in one earlier similar incident. Accordingly, the learned Magistrate proceeded to pass the impugned order, rejecting the claim for release. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Allegations raised are false. At any rate the petitioner is willing to abide by any appropriate conditions. Imbibing the spirit of the decision in Sundarbai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089], Crl.M.C. No. 3723 OF 2008 -:2:- the vehicle may not be compelled to remain in the custody of the authorities, exposing the same to unnecessary damage and deterioration. Petitioner shall undertake not to use the vehicle for commission of any offence under the Act. Appropriate conditions may be imposed and vehicle may be released to the petitioner, it is submitted. 3. Learned Prosecutor only submits that appropriate conditions may be imposed. The interest of the State is only to ensure that the vehicle is not used for repetition of commission of any such offences. Having considered all the relevant inputs, I am persuaded to agree that direction can be issued to release the vehicle to the petitioner. In coming to the conclusion, I take note of the decision in Sundarbai Ambalal Desai(supra), and the need for anxiety to avoid unnecessary damage and deterioration caused to the vehicle while under custody of courts and authorities. Appropriate conditions can of course be imposed. In the result: a) This Crl.M.C. is allowed. Crl.M.C. No. 3723 OF 2008 -:3:- b) The impugned order is set aside. Vehicle shall be released to the petitioner on the following terms: i) Petitioner shall produce before the learned Magistrate all the documents to show that he is the owner of the vehicle entitled to possession of the vehicle. ii) He shall execute a bond for an amount equal to the value of the vehicle to be fixed by the learned Magistrate in his discretion with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. In such bond, he shall specifically undertake not to use the vehicle for commission of any offence under the Kerala Protection of River Banks & Regulation of Removal of Sand Act while the same is in his possession. iii) The petitioner shall make a cash deposit of Rs.35,000/- before the learned Magistrate which amount shall be released to the petitioner on production of satisfactory proof before the learned Magistrate that proceedings for confiscation before the revenue authorities in respect of both cases, i.e., Crime No.328/08 of Cheruthuruthy Police Crl.M.C. No. 3723 OF 2008 -:4:- Station and Crime No.79/08 also before the Cheruthuruthy Police Station, are over and amounts as directed have been deposited. R. BASANT, JUDGE ttb Crl.M.C. No. 3723 OF 2008 -:5:- Crl.M.C. No. 3723 OF 2008 -:6:-