IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Crl.MC.No. 3733 of 2011() ------------------------------------- CMP.NO.4730/2011 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA CRIME NO.723/2011 OF VATAKARA POLICE STATION,KOZHIKODE .................... PETITIONER(S): -------------------------- NOUFAL, AGED 23 YEARS, S/O.KADER, PAZHAYAKATTIL HOUSE, AVIKKAL, PAYYOLI, KOYILANDY TALUK. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): ---------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.723/2011 OF VATAKARA POLICE STATION, KOZHIKODE). BY PUBLIC PROSECUTOR SRI.NOUSHAD THOTTATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3733/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE RC BOOK OF VEHICLE BEARING REGISTRATION NO.KL 56C-6557. ANNEX II COPY OF THE ORDER IN CMP.4730/2011 DATED 09/08/2011. RESPONDENT'S EXHIBITS; NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3733 of 2011 ----------------------------------- Dated this the 20th day of December 2011 O R D E R Petitioner claims to be the RC owner of the vehicle bearing No.KL56C 6557. It was seized in connection with Crime No.723/2011 of Vatakara Police Station. The offence alleged is under Sec.20(d)(ii)A of NDPS Act. According to the prosecution, Ganja was seized from the aforesaid motor cycle when it was ridden by the petitioner's brother. Petition to release the vehicle was dismissed by the learned Magistrate holding that the confiscation proceedings can be initiated only after the expiry of one month from the date of seizure. That period did not then expired. Now that period expired. 2. Learned counsel for the petitioner submits that if the vehicle is exposed to sun and rain, it is likely to be damaged. Hence, this Crl.M.C. is disposed of with the following directions :- (i)Learned Magistrate will release the vehicle to the Crl.M.C. No.3733 of 2011 -: 2 :- petitioner on production of the RC and other vehicular documents. (ii)Petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount. The sureties shall produce original title deeds of their properties which are shown in the tax receipts produced by them before the court below. (iii)Petitioner will file an affidavit undertaking that he will not transfer possession of the vehicle and that he will produce the vehicle before court or before the Authorised Officer (who initiates confiscation proceedings) or before any other officer as the court may direct; as and when directed. N.K.BALAKRISHNAN, JUDGE. Jvt