MOHANA PAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The simple questions for consideration in this petition filed under S.482 of the Code of Criminal Procedure are (1) Whether a police officer could seize a motor vehicle which did not involve in any accident simply for the reason that the driver committed an offence punishable under S.279 IPC while driving the vehicle, and (2) Whether while ordering custody of the vehicle under S.451 of the Code the Magistrate is entitled to impose conditions.

(2.) Petitioner is the owner of a Bus plying as a stage carriage. Third respondent was the driver. On 2-12-1985 at 11.05 a. m. when the bus was plying as a stage carriage the 2nd respondent arrested the third respondent for alleged commission of offence punishable under S.279 of the Indian Penal Code in driving the bus. The bus was also seized. Crime 755 of 1985 was registered and the bus was produced in court. On the application of the petitioner the Magistrate passed an order under S.451 of the Code giving interim custody to the petitioner on his executing a bond for rupees two lakhs with a further condition that he should produce the same whenever called for. Petitioner executed bond and obtained custody.

(3.) His case is that on account of the alleged offence corn milted by the third respondent in driving the Bus it did not get involve in any accident and since the only allegation is commission of the offence by the third respondent and not by the petitioner, the bus could not have been seized as a material object and the Magistrate was not entitled to impose any condition while ordering release of the bus. The prayer is only to quash the conditions imposed by the order of the Magistrate and direct release of the vehicle unconditionally holding that it is not a material object for the purpose of investigation or trial.