ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the registered owner of a Maruti car bearing registration No.KL 8 U 7867. The vehicle is involved in two crimes of which one is Crime No.76/2006 of Thrikkakara Police Station wherein petitioner's son Shafeeq is the 4th accused. The offence for which the said crime is registered is one under Section 55A of the Abkari Act and Sections 141, 185 and 188 of the Kerala Motor Vehicles Act. It is submitted that the details of the other crime is not available but however, that the Police who took custody of the vehicle in connection with the said crime has handed over possession of the car to the Excise Department for appropriate action being taken under the provisions of the Abkari Act. The prayer of the petitioner in this Crl.M.C is to set aside Annexure I order of JFCMI Aluva dismissing his petition under Section 451 of Cr.P.c for interim custody of the car and to order interim custody of the Maruti car KL8U 7867 being given to him. Prosecutor submits that the vehicle is liable to confiscation and is hence, not to be released on interim custody to the petitioner. All the same, prosecutor has no case that the petitioner is accused in any of the crimes wherein this vehicle is involved or that confiscation proceedings are already initiated.

(2.) Considering the entire aspects of the case, I am of the view that the vehicle should not be allowed to deteriorate on being kept open to sun and rain in the compound of the excise office as innumerable other vehicles are being destroyed thus in the premises of the Excise office.

(3.) In the result, I direct release of the vehicle to the petitioner on his depositing by way of cash security an amount of Rs.40,000/ and on his entering into a bond for Rs.1 lac with two solvent sureties each for the like sums to the satisfaction of the excise officials, undertaking to produce the vehicle as and when called for, for the purpose of further action being taken regarding disposal of the vehicle, if at all they decide to confiscate and dispose of the vehicle in the proceedings proposed to be initiated. This Crl.M.C. is thus allowed.