High Court Kerala High Court

Ibrahim vs The State Of Kerala on 11 November, 2008

Kerala High Court
Ibrahim vs The State Of Kerala on 11 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4161 of 2008()


1. IBRAHIM, S/O. KUNHAYU,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :11/11/2008

 O R D E R
                             R. BASANT, J.
                   - - - - - - - - - - - - - - - - - - - - - -
                   Crl.M.C.No. 4161 of 2008
                   - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 11th day of November, 2008

                                O R D E R

The petitioner’s vehicle was seized by the police on the

allegation that it was used for commission of the offence

punishable under the Kerala Protection of River Banks and

Regulation of Removal of Sand Act. The vehicle was produced

before the learned Magistrate. The petitioner applied for release

of the vehicle. That application was rejected by the impugned

order on the ground that the vehicle was earlier involved in

another crime.

2. The learned counsel for the petitioner submits that the

petitioner is innocent. The vehicle was not used for the

commission of any offence. Given opportunity he shall

substantiate the contention before the confiscating authority or

the investigating authority. At the moment there is no

justification in insisting that the vehicle must be exposed to sun

and rain in the custody of court/officials. In these circumstances

Crl.M.C.No. 4161 of 2008
2

subject to appropriate conditions the vehicle may be directed to be

released to the petitioner, it is prayed.

3. Notice was given to the learned Prosecutor, who opposes the

application, but concedes that State has no objection in the vehicle

being released to the petitioner, subject to appropriate conditions as is

usually imposed in the case of a vehicle which is allegedly used again

for the commission of the offence after it is initially released. I am

satisfied that the vehicle can be directed to be released to the

petitioner subject to appropriate terms and conditions. In coming

to this conclusion the concerns expressed by the Supreme Court

in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC

638) do weigh with me. Of course, appropriate conditions can be

imposed.

4. I am satisfied in the facts and circumstances of the case that

the vehicle can be directed to be released to the petitioner subject to

appropriate safeguards.

5. In the result:

a) This Crl.M.C. is allowed.

b) The impugned order is set aside.

Crl.M.C.No. 4161 of 2008
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c) The vehicle in question – KL 11/B 4129, Mini lorry – shall be

released to the petitioner on the following terms and conditions.

i) The petitioner shall produce all documents before the learned

Magistrate to show that he is the person entitled to possession of the

vehicle.

ii) He shall execute a bond for an amount equal to the value of

the vehicle to be determined by the learned Magistrate in his

assessment with two solvent sureties each for the like sum to the

satisfaction of the learned Magistrate.

iii) In the bond to be executed by the petitioner, he shall

undertake that the vehicle shall not be used by any one for the

commission of any offence under the Kerala Protection of River Banks

and Regulation of Removal of Sand Act while it is in his possession

as per this order.

iv) The petitioner shall make a cash deposit of Rs.50,000/-

before the learned Magistrate, as condition for release of the vehicle.

(R. BASANT)

Crl.M.C.No. 4161 of 2008
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