V S SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be the owner entitled to possession of an autorikshaw KL 59-462. The said vehicle was seized in connection with a crime registered under the Kerala Abkari Act. The petitioner applied for release of the vehicle. It was reported that the seizure has been effected, but the vehicle had not been produced before the learned Magistrate. On the plea that the proceedings under the Abkari Act for confiscation of the vehicle has to be initiated, the learned Magistrate rejected the application for release of the vehicle.

(2.) The learned counsel for the petitioner submits that no action has been taken under Section 67(B) of the Kerala Abkari Act and in these circumstances he is not able to get release of the vehicle. The vehicle is being exposed unnecessarily to sun and rain. The seizure has been reported to the court. In such circumstances appropriate conditions may be imposed and the vehicle may be released to the petitioner, it is prayed. Crl.M.C.No. 218 of 2007 2

(3.) Notice was given to the learned Public Prosecutor. The learned Prosecutor does not oppose the prayer. He only submits that the vehicle may be released subject to the obligation of the petitioner to produce the vehicle before appropriate authorities in proceedings under Section 67(B) of the Kerala Abkari Act.