SEBASTAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The same points are raised in these Criminal Miscellaneous Cases and therefore, I am disposing of these cases by a common order. The main point to be decided in these cases is, when the court invokes Sec.53B of the Abkari Act (for short 'the Act'), the court needs to decide the question, whether prima facie, the confiscation of a vehicle as per the Act is necessary for the purpose of directing the execution of a bond by way of cash security for releasing the vehicle or whether it can be exempted if the court finds that, prima facie confiscation of the vehicle as per the Act is not necessary.

(2.) I will narrate the facts in Crl.M.C. No. 9469/2023 first. The petitioner is arrayed as accused in Crime No. 39/2023 of Thiruvananthapuram Excise Range, Thiruvananthapuram District alleging offences punishable under Sec. 55(a), 55H and 67B of the Act. The crime was registered on the basis of a search conducted at the residence of the petitioner by which 38.940 litres of beer and 10.250 litres of Indian Made Foreign Liquor are alleged to be seized from the house. Annexure-I is the seizure mahazar in Crime No. 39/2023 of Thiruvananthapuram Excise Range. During the course of seizure of the contraband articles from the house of the petitioner, the vehicle Tata 407 Gold (goods carriage) bearing Regn.No. KL-01-CV-6454 was seized by the Police. Annexure-II is the inventory prepared on seizing the vehicle. The petitioner has submitted Crl.M.P. No. 1442/2023 in Crime No. 39/2023 of Thiruvananthapuram Excise Range seeking release of the vehicle under Sec. 457 Cr.P.C. Annexure-III is the petition filed under Sec. 457 Cr.P.C. The learned Addl. Chief Judicial Magistrate, Thiruvananthapuram allowed the petition as per Annexure-IV order. The petitioner is mainly aggrieved by condition No.1 in Annexure-IV order by which the petitioner is directed to furnish Rs.8,75,000.00 as cash security for producing the vehicle before the court or such authority as and when required.

(3.) Crl.M.C. No. 8166/2023 is filed challenging the order passed by the Judicial First Class Magistrate Court-I, North Paravur in CMP No. 3834/2023 in Crime No. 433 of 2023 of Vadakkekara Police Station. The petitioner in this case is the sole accused in Crime No. 433/2023 of Vadakkekara Police Station, which was registered alleging offence punishable under Sec. 55(i) of the Act.