STATE OF KERALA Vs. C A JABBAR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court. Respondent had filed an application for release of Maruti Omni Van of which he claimed to be the owner. Learned Judicial First Class Magistrate rejected the prayer for release in terms of Section 457 of the Code of Criminal Procedure, 1973 (in short the 'Code'). The vehicle was seized in terms of Section 55(a) of the Abkari Act. The appellant took the stand that the vehicle was stolen and the matter was reported to the police and on the same day the vehicle was detected by the police. A case was registered under Section 55(a) of the Act against four accused persons. The application for release was rejected on the ground that the vehicle has been entrusted to the Assistant Excise Commissioner for the purpose of confiscation. The respondent approached the Assistant Excise Commissioner and he was directed to furnish bank guarantee equal to the value of the vehicle as fixed by a Mechanical Engineer before the High Court. Appellant had questioned the order taking the stand that he was unable to raise the amount required for the bank guarantee and, therefore, the vehicle should be released without any condition. The High Court held that in view of the factual scenario the Assistant Excise Commissioner, Idukki was to release the vehicle to the respondent after ascertaining the ownership on executing a bond of Rs. 50,000/- with two solvent sureties for the like sum.

(3.) Questioning correctness of the order passed, learned Counsel for the appellant submitted that without availing the statutory remedy the respondent should not have approached the High Court and in any event the High court should not have interfered.