K.K.Ismail vs State Of Kerala on 24 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2239 of 2007()


1. K.K.ISMAIL, AGED 47 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JOY GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :24/07/2007

 O R D E R
                                    R.BASANT, J

                         = = = = = = = = = = = = =

                           Crl.M.C. No.2239 Of 2007

                        = = = = = = = = = = = = = =

                      Dated this the 24th day of July, 2007


                                        ORDER

The petitioner claims to be the registered owner of a vehicle

Swaraj Mazda Lorry bearing Registration No. KL 02/ N 2728. Alleging

that the said vehicle was used for illicit transfer of wheat, it was seized

in Crime No.409/2007 of Thodupuzha Police Station. The petitioner

applied for release of the vehicle. That prayer was rejected by the

learned Chief Judicial Magistrate by Annexure A7(a) order. The

petitioner has come to this Court aggrieved by the said order ie.

Annexure A7(a).

2. The learned counsel for the petitioner submits that the

petitioner is undisputedly the owner of the vehicle. No confiscation

proceedings has been initiated so far. Subject to the liability to make

the vehicle available for confiscation if a proper order of confiscation is

ultimately passed under the provisions of Essential Commodities Act or

the Code to Criminal Procedure the vehicle may now be released to the

petitioner subject to appropriate conditions, prays the learned counsel

for the petitioner. The learned Public Prosecutor does not raise any

objections. He only submits that appropriate conditions may be

imposed to ensure that the vehicle will be available before the Court

and the authorities concerned, if and when the order is ultimately

B.A.No.2239 of 2007 2

passed for confiscation under the provisions of the Essential

Commodities Act or otherwise.

3. I am satisfied that the prayer of the petitioner can be allowed

and appropriate conditions can be issued. In the result, this petition is

allowed. Annexure A7(a) is set aside. It is directed that the vehicle

shall be released to the petitioner on the following terms and

conditions.

i) He shall produce before the learned Magistrate all documents

to show that he is the registered owner entitled to the possession of

the vehicle.

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

the vehicle to be fixed by the learned Chief Judicial Magistrate, along

with two solvent sureties each for the like sum to the satisfaction of

the learned Chief Judicial Magistrate.

iii) In such bond he shall specifically undertake to produce the

vehicle before the learned Chief Judicial Magistrate or before the

appropriate authority under the Essential Commodities Act, if any

order of confiscation were ultimately passed, and he is called upon to

produce the vehicle.

(R.BASANT, JUDGE)

sj

B.A.No.2239 of 2007 3