IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 196 of 2011() ------------------------ CRMP.352/2010 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER(S): PETITIONER: -------------------------------------------- SHONY.K.S,S/O.SUNNY,KUMAROTH HOUSE, KUMBALANGHI,KOCHI-7. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT: --------------------------------------------------- STATE OF KERALA,THE CIRCLE INSPECTOR, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.196 of 2011 --------------------------------------- Dated this 07th day of February, 2011 ORDER Petitioner seeks modification of some of the conditions imposed by the learned Sessions Judge, Thodupuzha while granting interim custody of the vehicle by order dated December 14, 2010 on C.M.P.No.352 of 2010 in Crime No.6 of 2010 of the Excise Enforcement and Anti Narcotic Special Squad, Kottayam. According to the petitioner the motor cycle belonging to him was used by the accused to collect 1.950Kg of narcotic drug which was brought to the scene of occurrence by certain others in a car. Petitioner filed Crl.M.P.No.352 of 2010 seeking interim custody of the vehicle. That application was allowed by the learned Sessions Judge vide the impugned order imposing condition that petitioner shall furnish a bank guarantee for the value of vehicle to be assessed by the Circle Inspector of Excise Enforcement and Anti-narcotic Special Squad, Kottayam or `.75,000/- whichever is higher and that the RC book of the vehicle shall be surrendered in court and kept in safe custody. Learned counsel submits that these conditions create much difficulties for petitioner, he is unable to produce bank guarantee and that if the original RC Crl.M.C.No.196 of 2011 -: 2 :- book is retained by the court he may not be able to use the vehicle. I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that vehicle is liable for confiscation under Sec.60(1) of the Narcotic Drugs and Psychotropic Substance Act (for short, "the NDPS Act, 1985). 2. It is seen from Sec.63 of the said Act that order of confiscation is to be made by the Court trying the offence. No doubt learned Sessions Judge has thought it fit to give interim custody of the vehicle to the petitioner and that order has not been challenged. Having regard to the circumstances stated by learned counsel I am inclined to think that instead of production of bank guarantee it is sufficient that petitioner executes bond with two solvent sureties for the value of the vehicle as assessed by the Circle Inspector or `.75,000/-, whichever is higher (as ordered by the learned Sessions Judge) and that instead of retaining the original RC book it is sufficient that petitioner produced the duly attested photocopy of the RC book in Court. Apart from the above, petitioner also shall produce attested photographs of the vehicle in question taken from different angles showing its registration number and the same is produced in the Court concerned with an affidavit that petitioner will not Crl.M.C.No.196 of 2011 -: 3 :- dispute identity of the vehicle he takes custody. Other conditions imposed by the learned Sessions Judge will remain in force. Criminal miscellaneous case is allowed in part as above. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge