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VIVEK, S/O.MATHAI versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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VIVEK, S/O.MATHAI v. STATE OF KERALA, REPRESENTED BY - Crl MC No. 1558 of 2007 [2007] RD-KL 8534 (24 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1558 of 2007()

1. VIVEK, S/O.MATHAI,
... Petitioner

Vs

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

For Petitioner :SRI.JESWIN P.VARGHESE

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :24/05/2007

O R D E R

R. BASANT, J.

CRL.M.C.NO. 1558 OF 2007

Dated this the 24th day of May, 2007

ORDER

The petitioner claims to be aggrieved by an order passed by the learned Magistrate under Sec.451 of the Cr.P.C. refusing to return a vehicle seized in an abkari crime on the ground that the confiscation proceedings under Sec.67B of the Kerala Abkari Act are pending.

2. Admittedly, the vehicle has been seized and the seizure reported to the court. The learned Public Prosecutor submits that pending disposal of Sec.67B proceedings and subject to liability to produce the vehicle before the authorities under Sec.67B and subject to appropriate safeguards, the vehicle can be directed to be released to the petitioner. It will have to be zealously ensured that the vehicle will be available to be proceeded against under Sec.67B of the Abkari Act. Appropriate safeguards must also CRL.M.C.NO. 1558 OF 2007 -: 2 :- be taken, it is urged.

3. I am satisfied, in these circumstances, that this Crl.M.C. can be allowed subject to conditions.

4. This Crl.M.C. is accordingly allowed. The vehicle in question shall be released to the petitioner on the following terms and conditions:

(i) The petitioner shall produce all documents to show that he is the person owning and entitled to the possession of the vehicle in question. (ii) He shall execute a bond for such amount equivalent to the value of the vehicle as may be fixed by the learned Magistrate in his discretion after hearing the respondents. The learned Magistrate shall insist on production of bank guarantee or such appropriate adequate safeguards before releasing the vehicle. (iii) The petitioner shall keep the vehicle in the same condition in which it is handed over to him and shall produce the same as and when directed by the learned Magistrate. He shall also make the same available before the authorities under CRL.M.C.NO. 1558 OF 2007 -: 3 :- Sec.67B of the Abkari Act as and when directed in accordance with Sec.67B of the Abkari Act. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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