IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3934 of 2008() ------------------------- CRIME NO. 844/08 OF CHENGAMANAD POLICE STATION CMP.3415/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): --------------- P.K.NOUSHAD, S/O. KUNJU MUHAMMED, PARAPPURATH HOUSE, PURAYAR, CHENGAMANAD VILLAGE. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3934 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner is the owner of a vehicle – a mini lorry. The said vehicle was allegedly used earlier for the commission of an offence punishable under the Kerala Protection of River Banks and Regulation of Removal of Sank Act. The vehicle was released to the petitioner subject to conditions. 2. It is alleged that shortly after getting the vehicle on such release, the petitioner's vehicle was used for the commission of an identical offence again. The vehicle was seized. It was produced before the learned Magistrate. The petitioner's prayer for release of the vehicle was turned down by the impugned order on the ground that earlier the vehicle was so released to the petitioner and the same has been used again for commission of an identical offence. 2. The learned counsel for the petitioner submits that the petitioner is innocent. His vehicle has not been used for illicit Crl.M.C.No. 3934 of 2008 2 transportation of sand. In the trial he will be able to justify his stand that the vehicle was not used for commission of any offence and it was only used for licit use. There is no justification in insisting that the vehicle should suffer damage and deterioration in the custody of the officials. Subject to any appropriate conditions, the petitioner may be granted release of the vehicle. 3. Notice was given to the learned Prosecutor, who repeats the objection that the vehicle has been involved in an earlier offence and the same was released to the petitioner. I am satisfied that the vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. In coming to this conclusion the concerns expressed by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638) do weigh with me. The sad scenario of the vehicles being exposed to sun and rain in the custody of the courts have to be avoided. Of course, appropriate conditions can be imposed. 4. I am satisfied in the facts and circumstances of the case that the vehicle can be directed to be released to the petitioner subject to Crl.M.C.No. 3934 of 2008 3 appropriate safeguards. 5. In the result: a) This Crl.M.C. is allowed. b) The impugned order is set aside. c) The vehicle in question shall be released to the petitioner on the following terms and conditions. i) The petitioner shall produce all documents before the learned Magistrate to show that he is the person entitled to possession of the vehicle. ii) He shall execute a bond for an amount equal to the value of the vehicle to be determined by the learned Magistrate in his assessment with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) In the bond to be executed by the petitioner, he shall undertake that the vehicle shall not be used for the commission of any offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act while it is in his possession as per this order and shall not be used or permitted to be used for commission of any Crl.M.C.No. 3934 of 2008 4 offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. iv) The petitioner shall make a cash deposit of Rs.50,000/- before the learned Magistrate, as condition for release of the vehicle. (R. BASANT) Judge tm