PAZHANISWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused in Crime No.43 of 2010 of Walayar Police Station for offences punishable under Sections 468, 471 and 420 read with Section 34 of the Indian Penal Code (for short, "the Code"). Case is that petitioners as the owner and driver of vehicle No.KA-01/AA 1273 transported goods on the strength of bogus delivery notes and other documents. Petitioner No.1 filed Crl.M.C.No.4396 of 2010 and by Annexure-AII got release of the vehicle, R.C. Book and the insurance certificate subject to conditions referred to in the said order. PETITIONERS later filed Crl.M.C.No.5615 of 2010 for release of the goods permit of the vehicle and the driving licence of petitioner No.2. That application was opposed by the Investigating Officer. Learned Magistrate dismissed that application by Annexure-AI, order dated November 23, 2010 observing that allegation against petitioners is that they transported goods in the vehicle by using forged delivery notes and that in the circumstances, goods permit and driving licence being of much importance in the trial of the case cannot be returned. Learned counsel contends that though the vehicle, R.C.Book and insurance certificate are already released, the vehicle cannot be put to use unless the goods permit is released. Petitioner No.2 needs his driving licence to make out a livelihood. I have heard learned Public Prosecutor also in this regard.

(2.) BY Annexure-AII, the vehicle allegedly involved in commission of the crime, its R.C.Book and insurance certificate are released to petitioner No.1. The allegation is that using forged delivery notes petitioners transported goods in the vehicle in the question. Having regard to the facts and circumstances I am inclined to think that it is not necessary to retain the goods permit and driving licence of petitioner No.2. The said documents can be returned to the petitioners subject to conditions. Resultantly this petition is allowed in the following lines: