ASOKAN C V Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's vehicle - a motor cycle, has been seized by the police alleging commission of an offence punishable under the provisions of the Kerala Abkari Act. The petitioner applied for release of the vehicle. The learned Magistrate by the impugned order, which reads as follows, rejected the said prayer.

(2.) The learned Public Prosecutor was directed to take instructions. The learned Public Prosecutor submits that proceedings under Section 67 B of the Kerala Abkari Act for confiscation of the vehicle has been initiated already by the official of the Excise Department. Number, details etc. of any such proceedings are not furnished to the court. The learned counsel for the petitioner submits that he is unaware of any such proceedings. At any rate, there may be a direction, subject to appropriate condition, to release the vehicle to the petitioner, as exposure of the vehicle to sun and rain during the period of ensuing vacation is likely to cause irreparable loss and prejudice to the petitioner, submits the learned counsel for the petitioner.

(3.) The learned Public Prosecutor submits that the State has no objection if the vehicle were directed to be released to the petitioner subject to appropriate safeguards, including the production of bank guarantee equal to the value of the vehicle in accordance with law. I am satisfied, that directions can be issued subject to conditions to release the vehicle to the petitioner.