High Court Kerala High Court

Sajeena Beevi vs State on 17 January, 2007

Kerala High Court
Sajeena Beevi vs State on 17 January, 2007
       

  

  

 
 
  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.

              -------------------------------------------------

                       CRL.M.C.NO. OF  144 2007

              -------------------------------------------------

            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