MUHAMMED KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's vehicle has been seized by the police on the allegation that it was used for the illegal transportation of sand. The petitioner applied for release of the vehicle. The learned Magistrate did not grant the said prayer and rejected the petition on the ground that the vehicle was involved in two earlier crimes and the same vehicle had been released to the custody of the petitioner on both those occasions on executing bonds. The learned Magistrate, in these circumstances, did not think it expedient or just to direct release of the vehicle to the petitioner.

(2.) One must alertly remind himself of the dictum in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638). The anxiety of the courts must always be there to ensure that the property is not subjected to unnecessary damage and deterioration by exposing it to sun and rain. I am satisfied, in these circumstances, that subject to appropriate conditions, the vehicle can be directed to be released to the petitioner.

(3.) In the result: