IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1732 of 2011() ---------------------- CRIME NO. 1999/2010 OF HILL PALACE POLICE STATION, ERNAKULAM ......................... PETITIONER / CLAIMANT: -------------------------------------- BINU, S/O.GRACY, PEREPARAMBIL HOUSE, THRIPUNITHURA. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENTS / COMPLAINANT: ---------------------------------------------- 1. S.I.OF POLICE, HILL PALACE, POLICE STATION (CRIME.1999/10) THRIPUNITHURA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1732 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A1 : PHOTOCOPY OF THE RC BOOK AND OTHER DOCUMENTS ANNEXURE A2 : PHOTOCOPY OF THE SALE DEED. ANNEXURE A3 : CLAIM PETITION DISPOSED BY THE DISTRICT COLLECTOR, AS PER ORDER NO. CS5. 5751/10 DATED 25.2.2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1732 of 2011 ==================================== Dated this the 15th day of June, 2011 O R D E R Challenge is to the condition imposed by the District Collector, Ernakulam in Annexure-A3, order No.CS5.5751/10 dated 25.02.2010 while releasing the vehicle involved in the commission of an offence under the Essential Commodities Act and the Kerala Motor Spirit and High Speed Diesel Oil (Maintenance and Regulation on Supplies) Order, 1979. The District Collector in the course of confiscation proceeding ordered that interim custody of the vehicle be given to the petitioner subject to the condition that he produced Bank Guarantee for value of the vehicle fixed by the Regional Transport Officer. Petitioner submitted that on account of financial difficulties he is unable to produce Bank Guarantee for release of the vehicle and if the said condition is not lifted result is that petitioner will not get release of the vehicle. Learned Public Prosecutor submitted that in a case of this nature where serious offence is alleged, insisting Bank Guarantee for release of the vehicle is not unwarranted or illegal so as to call for interference. 2. Purport of producing Bank Guarantee is that production CRL.M.C. No.1732 of 2011 -: 2 :- of the vehicle as and when directed is ensured. That can be ensured by directing petitioner to execute bond for value of the vehicle with appropriate conditions. 3. It is seen that the District Collector has not imposed conditions while passing Annexure-A3, order. Petitioner is bound to produce the vehicle before the District Collector as and when directed by the District Collector in the same condition it is taken delivery. It must be ensured that the vehicle is not used for commission of any offence while it is in the custody of petitioner. Having regard to the circumstances stated, I am inclined to modify the condition imposed by the District Collector. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A3, order No.CS5.5751/10 dated February 25, 2011 passed by the District Collector, Ernakulam is modified in the following lines: (i) Instead of production of Bank Guarantee it is directed that petitioner shall execute bond for value of the vehicle as may be fixed by the Regional Transport Officer, with two solvent sureties for the like sum each. CRL.M.C. No.1732 of 2011 -: 3 :- (ii) It is directed that at least one of the sureties shall produce solvency certificate for the said amount before the vehicle is taken delivery. (iii) The bond being executed by petitioner shall state that petitioner will not until otherwise directed by the District Collector transfer ownership or possession or encumber the vehicle and that petitioner will not use the vehicle during the time he is in interim custody of the same for illegal activities. (iv) Petitioner shall produce photograph of the vehicle showing its registration number before the District Collector, Ernakulam before it is taken delivery. THOMAS P. JOSEPH, JUDGE. vsv