MINI Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) These petitions are filed challenging the orders made by the Magistrate in applications filed by the petitioners in different crimes for getting interim custody of the vehicles alleged to have been used for the commission of the offences. The vehicles have been taken into custody alleging commission of the offences under the Kerala Nadeetheera Samrakshanavum Manalvaral Niyanthranavum Act, 2001. The vehicles were produced in court and were given to the Station House Officer for being kept by him. The learned Magistrate in the order points out S.23 of the Act which deals with confiscation of the vehicle used for commission of the offences. There is also direction given by the Magistrate in the order made in application for getting interim custody that the Tahsildar has to take necessary steps to make order of confiscation of the properties seized by the police. There is provision in the Act which says that the vehicle used for commission of the offence can be confiscated. It is for the authority to which the power of confiscation is given to take a decision whether confiscation has to be made. The Magistrate was not right in directing the Tahsildar to take steps for confiscation of the properties seized by the police. If as per the provisions of the Act the Tahsildar is bound to confiscate the vehicle, it is for him to do so and the Magistrate need not give any direction that the confiscation has to be made.

(2.) There is no specific provision in the Act which takes away the power of the criminal court to give interim custody of the vehicle produced in court during any inquiry or trial of any case. When a vehicle which is alleged to have been used for the commission of the offence is produced before the criminal court, the court is having the power under S.451 of the Criminal Procedure Code to make order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial. There is provision in the Rules framed under the Act which says that the Collector has the power to sell the vehicles used for transporting sand in violation of the provisions of the Act and the Rules. It cannot be said that because there are such provisions the criminal court is not having the power under S.451 of the Criminal Procedure Code for giving interim custody of the vehicle to anybody. In spite of the fact that the court exercises powers under S.451 other authorities can initiate steps for confiscation of the vehicle, if those authorities are having the power under the Act or the Rules for confiscation of the vehicle. The mere fact that there are provisions for confiscation of the vehicle or sale of the vehicle is no ground for saying that when a vehicle is produced in a criminal court in connection with crime court cannot give interim custody of the vehicle to anybody under S.451 of the Criminal Procedure Code.

(3.) The vehicles seized by the police are now kept in the police stations and even now sand is there in the vehicles. Keeping the vehicles in the above condition will certainly result in damage to the vehicles. It is necessary that some arrangements are made in connection with the vehicles as well as the sand. It is not possible to give the sand to anybody on interim custody. The court will arrange for the sale of the sand and deposit of the proceeds of sale in the court. Interim custody of the vehicles will be given to the petitioners, in case they produce records in Court to show that they are the owners of the vehicles. Before giving interim custody of the vehicles the learned Magistrate will see that the persons to whom vehicles are given furnish security of immovable property for the value of the vehicle fixed by the Magistrate. In case interim custody of the vehicles is given to the petitioners, they will have to keep those vehicles in the same condition and have to produce the same before the Magistrate as and when required. It is made clear that giving interim custody of the vehicle will not, in any way, prevent the authorities under the Act and the Rules from proceeding under the provisions of the Act and Rules. The direction by the Magistrate to the Tahsildar that steps have to be taken for confiscation of the vehicles is hereby vacated.