IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4147 of 2008(A) -------------------------------------- (CR.MP. NO.1930/2008 JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI) .................... PETITIONER/ PETITIONER/ ACCUSED: ------------------------------------------------------- RAJEEV, S/O.PRABHODHARAN, PUTHEN VEETTIL, THALACHIRA, RANNI TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH. RESPONDENTS/ RESPONDENT & STATE: ----------------------------------------------------------- 1. S.I. OF POLICE, RANNI 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4147 of 2008 ------------------------------------------------- Dated this the 14th day of November, 2008 ORDER The petitioner is the owner of a vehicle. On 3/7/08 a large quantity of contraband article offending the provisions of the Kerala Abkari Act were seized by the police and an FIR was registered. In the course of investigation, it appears that the Investigators came to the conclusion that the petitioner's vehicle was used for the transportation of the said contraband article to the place from where it was seized. The vehicle was seized. It was produced before the learned Magistrate. The petitioner has now been brought on the array as an accused. The petitioner applied for release of the vehicle. The said request was turned down by the learned Magistrate. The only purported reason is that the Investigating Officer had filed a report seeking return of the vehicle to produce the same Crl.M.C. No. 4147 of 2008 -: 2 :- before the Excise officials. 2. The learned counsel for the petitioner submits that the vehicle is unnecessarily exposed to sun and rain. There is no prospect of the proceedings under Sec.67B of the Abkari Act being completed in the near future. In these circumstances, following the dictum in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638), it is prayed that the vehicle may be released to the petitioner subject to any appropriate terms and conditions. 3. This application is not opposed by the learned Public Prosecutor. The learned Public Prosecutor prays that the vehicle can be released to the petitioner; but only subject to production of a bank guarantee by the petitioner for the value of the vehicle. 4. I am satisfied, in the facts and circumstances of this case that the vehicle can be ordered to be released to the petitioner subject to appropriate terms and conditions. Incoming to this conclusion the concerns which weighed with the Supreme Court in the decision in Sunderbhai Ambalal Desai Crl.M.C. No. 4147 of 2008 -: 3 :- do weigh with me heavily. 5. In the result: (a) This Crl.M.C. is admitted. (b) The vehicle shall be released to the petitioner on the following terms and conditions: (i) The petitioner shall produce before the learned Magistrate all the documents to show that he is the owner entitled to possession of the vehicle. (ii) He shall execute a bond for the value of the vehicle undertaking to produce the vehicle before the learned Magistrate or before the authority under Sec.67B of the Abkari Act when a requisition is made after the final orders are passed under Sec.67B of the Abkari Act directing confiscation of the vehicle. (iii) In the bond to be executed by the petitioner, he shall undertake not to use the vehicle for the commission of any offence under the Abkari Act while the same is in his possession. (iv) The petitioner shall produce a bank guarantee for the value for the vehicle to the satisfaction of the learned Crl.M.C. No. 4147 of 2008 -: 4 :- Magistrate. (v) If the above conditions are satisfied, the learned Magistrate shall issue a release order and the vehicle shall thereafter be released to the petitioner forthwith in whosesoever custody it may be. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4147 of 2008 -: 5 :-