IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 144 of 2007()
1. SAJEENA BEEVI, W/O. SHAJAHAN,
... Petitioner
Vs
1. STATE, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/01/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. OF 144 2007
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Dated this the 17th day of January, 2007
ORDER
The petitioner is the wife of the registered owner of a
vehicle – Mahindra jeep bearing registeration No.KL 2-H-
8753. That vehicle was allegedly involved in the commission
of an offence under the Kerala Abkari Act. The vehicle was
seized by the excise officials and was produced before the
learned Magistrate. The petitioner applied for release of the
vehicle under Sec.451 of the Cr.P.C. The learned Magistrate
dismissed the same on the ground that the proceedings under
Sec.67(B) of the Abkari Act are liable to be initiated against
the petitioner.
2. The learned counsel for the petitioner submits that
the rejection of the prayer for interim release of the vehicle
under Sec.451 of the Cr.P.C. is not justified at all. The mere
fact that the Assistant Excise Commissioner/authorised officer
may initiate proceedings under Sec.67(B) of the Abkari Act is
by itself no reason not to direct the interim release of the
vehicle under Sec.451 of the Cr.P.C. The petitioner shall
CRL.M.C.NO. OF 144 2007 -: 2 :-
undertake to produce the vehicle before the court or the
authority under Sec.67(B) of the Abkari Act. But, at any rate,
there may not be a direction to retain the vehicle in the custody
of the court exposing it to sun and rain and leading eventually its
damage and deterioration. The learned counsel for the
petitioner relies on the decision in Sunderbhai Ambalal Desai
v. State of Gujarat (AIR 2003 SC 638) in support of his plea.
No serious objection is raised by the learned Public
Prosecutor. The learned Public Prosecutor submits that
such conditions may be imposed which shall ensure that the
vehicle is available before the court or the authority under
Sec.67(B) of the Abkari Act as and when required.
3. I am satisfied that the request of the petitioner can
be accepted and the vehicle can be directed to be released
to the petitioner subject to appropriate conditions.
4. In the result, this Crl.M.C. is allowed. The vehicle
shall be released to the petitioner on the following terms
and conditions:
(i) The petitioner shall execute a bond undertaking to
CRL.M.C.NO. OF 144 2007 -: 3 :-
make available before the court or the concerned authority
under Sec.67(B) of the Abkari Act for such amount equal to
the value of the vehicle as may be fixed by the learned
Magistrate.
(ii) The petitioner shall produce a bank guarantee for
the value of the vehicle before the learned Magistrate.
(iii) The petitioner shall produce before the learned
Magistrate the documents to show that she is the wife and
her husband is the registered owner of the vehicle.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge