Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.MC NO. 2699 OF 2025 PETITIONER/ACCUSED: VIJITH V AGED 30 YEARS S/O VIJAYAN, KIDARAKUZHI, PUTHENVEEDU, THIRUPURAM P.O, THIRUVANANTHAPURAM, PIN - 695525. BY ADV APPU BABU RESPONDENT/RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2699 OF 2025 2
ORDER
Petitioner’s vehicle bearing registration No.KL-19-G- 2262 was seized in connection with Crime No.95 of 2025 registered at the Nemom Police Station for offences punishable under Section 272 of BNS, 2023 and Section 118(e) of the Kerala Police Act, 2011. The crime is registered on the allegation that the vehicle was being used for dumping vegetable waste in a public place.
2. Learned counsel for the petitioner submits that the
vehicle is used in transportation and distribution of vegetables in Chala Market in Thiruvananthapuram. The alleged incident occurred when the vegetables being transported fell on the road due to a mistake on the part of the driver. Moreover, the accused admitted his guilt and also paid the penalty imposed. Therefore, no purpose is served by detaining the petitioner's vehicle.
CRL.MC NO. 2699 OF 2025 3
3. Learned Public Prosecutor submitted that, if at all the vehicle is released, that should be on stringent conditions.
4. As held by the Apex Court in Sunderbhai Ambalal
Desai Vs. State of Gujarat [(2002) 10 SCC 283], it is always appropriate to release seized vehicles, rather than detaining them resulting in damage and deterioration of value. Therefore, even though the alleged offence is serious, the vehicle can be released.
5. The Crl.M.C is hence allowed and Annexure 4
order is quashed. The petitioner’s vehicle bearing
Registration No. KL-19-G-2262 shall be released to him, subject to the following conditions;
(i) Petitioner shall execute a self bond for Rs.1,00,000/- (Rupees One Lakh Only) before the jurisdictional Magistrate and undertake to produce the vehicle as and when directed. CRL.MC NO. 2699 OF 2025 4
(ii) Petitioner shall not transfer, sublet, lease or sell the vehicle to any person, until conclusion of the criminal case.
(iii) Petitioner shall produce the vehicle along with Registration Certificate or Sale Letter, as the case may be, during the confiscation proceedings, if any, initiated.
(iv) If petitioner commits similar offence in future, police
will be free to repossess the vehicle. Sd/- V.G.ARUN JUDGE Sru CRL.MC NO. 2699 OF 2025 5 APPENDIX OF CRL.MC 2699/2025 PETITIONER’S ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR DATED 24.01.2025 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM Annexure 2 THE TRUE COPY OF THE SALE LETTER DATED 17.03.2024 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE 2. Annexure 3 THE TRUE COPY OF THE VEHICLE RC DATED 05.07.2016 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE 3. Annexure 4 THE CERTIFIED COPY OF THE ORDER IN CMP
JUDICIAL FIRST-CLASS MAGISTRATE COURT VII, NEYYATTINKARA IS PRODUCED HEREWITH AND MARKED AS ANNEXURE 4. Annexure 5 THE TRUE COPY OF THE RECEIPT OF FINE DATED 15.03.2025