IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 30018 of 2008(W) -------------------------- CMP.3154/2008 of J.M.F.C., KAYAMKULAM CRIME NO.62/08 OF THE KAYAMKULAM POLICE STATION. .................... PETITIONER(S): --------------- RAVEENDRAN, S/O SREEDHARAN, SUJA BHAVANAM, KMC NO.25 WARD, KAPILMEKKUM MURIKRISHNAPURAM VILLAGE, KAYAMKULAM. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): --------------- 1. STATE OF KERLA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM. (CORRECTED AS) SUB INSPECTOR OF POLICE, KAREELAKULANGARA. 3. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. THE ADDRESS OF THE 2ND RESPONDENT IS CORRECTED AS PER THE ORDER DATED 15/10/08 IN I.A.NO.12955/08. BY G.P. SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c) No. 30018 of 2008-W ------------------------------------------------- Dated this the 4th day of November, 2008 JUDGMENT The petitioner is the owner of a motorcycle which has been seized on the allegation that it was used for the transportation of 3.95 litres of IMFL. A glass tumbler as well as a bottle of water were also allegedly seized from the vehicle. The seizure took place in the night of 19/1/08. The vehicle was produced before the learned Magistrate. The petitioner applied for the release of the vehicle. That application stands rejected by the impugned order on the ground that the proceedings under Sec.67B of the Kerala Abkari Act are contemplated. 2. The petitioner has come to this Court with the grievance that his vehicle is being exposed unnecessarily to sun and rain in the custody of the officials and that the same is W.P.(c) No. 30018 of 2008-W -: 2 :- forced to endure damage and deterioration. It is prayed that subject to appropriate conditions under Sec.451 or Sec.457 Cr.P.C. and if not by invoking the jurisdiction under Art.226 of the Constitution, the vehicle may be directed to be released to the petitioner it having already remained in custody from 19/1/08. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that the Excise official concerned has been given delivery of the vehicle only on 3/11/08. in these circumstances, some further time will certainly be required to complete the proceedings under Sec.67B of the Abkari Act. The learned Public Prosecutor submits that subuject to appropriate conditions which shall protect and safeguard the interests of the State, the vehicle can be released to the petitioner; but the learned Public Prosecutor insist that bank guarantee may be insisted for such release. 4. I have considered all the relevant inputs. I have taken note of the period during which the vehicle has remained in custody. I have taken note of the stage of the proceedings under Sec.67B of the Abkari Act. I have further taken note of the nature of the allegations levelled regarding the use of the vehicle. Having considered all the relevant circumstances, I am W.P.(c) No. 30018 of 2008-W -: 3 :- satisfied that the vehicle can now be directed to be released to the petitioner subject to appropriate terms and conditions. Considering all the circumstances, I am not persuaded to agree that it is necessary in a case like the instant one to insist on production of bank guarantee. Appropriate other safeguards can be insisted. 5. In the result: (a) This writ petition is allowed. (b) The impugned order is set aside. (c) 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) The petitioner shall execute a bond for the value of the vehicle to be determined by the learned Magistrate provisionally with two solvent sureties each for the like to the satisfaction of the learned Magistrate. (iii) In such bond to be executed by the petitioner, the petitioner shall undertake to produce the vehicle as and when directed before the learned Magistrate or the authority under Sec.67B of the Abkari Act if and after an order of confiscation is W.P.(c) No. 30018 of 2008-W -: 4 :- passed. (iv) If the above conditions are satisfied by the petitioner, the learned Magistrate shall issue an order of release and ther upon the vehicle shall be released to the petitioner in whosesoever the custody of the vehicle be. 6. Issue a copy of this judgment to the learned counsel for the petitioner forthwith. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge W.P.(c) No. 30018 of 2008-W -: 5 :-