MOHAMMAD SHAMEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner-owner of the vehicle challenging the order passed by Principal District and Sessions Judge, D.K., Mangalore in Crl.Misc.No.130/2019 dated 1.2.2019, whereunder the application filed under Sections 451 and 457 of Cr.P.C. is allowed by imposing some conditions, whereunder the vehicle bearing registration No.KA.19 AB.0011 is ordered to be released in favour of the petitioner-RC Owner on his furnishing security in the form of renewable Bank Guarantee double the value of the vehicle to the satisfaction of the Court below.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The factual matrix of the case are that; on 30.1.2018 the complainant and two others one home guard checked the vehicle bearing No.KA.19 AB.0011 which was found loaded with sand and on enquiry the driver admitted that the same was being transported as per instructions of the owner of the said lorry to Kerala State and he had no permit or licence to transport the said sand. The said lorry was produced before the Department of Mines and Geology and accordingly the lorry was seized and a case was registered in P.C.No.51/2018. Subsequently an application came to be filed by the petitioner-owner under Sections 451 and 457 of Cr.P.C. for release of the vehicle bearing Registration No.KA.19 AB.0011 for interim custody.