SHABEERALI Vs. STATE OF KERALA

JUDGEMENT

(1.) 1. The petitioner is the registered owner of a goods vehicle. The vehicle was seized by the police on the allegation that it was used for the illicit transportation of river sand. The petitioner applied for release of the vehicle. The learned Magistrate, by the impugned order, directed the release of the vehicle; but subject to conditions. One of the conditions imposed is that the petitioner must make a cash deposit of Rs.25,000/- which, it is directed, is liable to be released after the disposal of the matter by the District Collector.

(2.) The learned counsel for the petitioner submits that there is already a condition imposed that the petitioner shall execute a bond for Rs.1 lakh with two solvent sureties each for the like sum. He submits that he has got a good case to be advanced and it is unlikely that he would be directed to pay an amount of Rs.25,000/- by the District Collector. At any rate, it is absolutely not necessary to insist on deposit of such amount as condition for release of the vehicle. Condition No.1 that a bond of Rs.1 lakh shall be executed is sufficient safeguard for all eventualities.

(3.) Notice was given to the learned Public Prosecutor. He was requested to take instructions as to whether there is any particular reason or circumstance warranting the imposition of such condition.