The petitioner challenged the judicial magistrate's order requiring a cash deposit to release a seized vehicle used in an abkari offence. The single judge held the order was justified under the Act and dismissed the application.
The criminal miscellaneous case challenging the condition to deposit cash security was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 3RD DAY OF MARCH 2017/12TH PHALGUNA, 1938
Crl.MC.No. 1644 of 2017 ()
CMP 5285/2016 of J.M.F.C., PATTAMBI CRIME NO. 64/2016 OF THRITHALA EXCISE RANGE, PALAKKAD DISTRICT , PALAKKAD
PETITIONER:
RAMLA D/O.MUHAMMED, AGED 46, PALARTHODI HOUSE, THRITHALA POST, PATTAMBI TALUK, PALAKKAD DISTRICT.
BY ADVS.SRI.JAI GEORGE
SMT.DAISY A.PHILIPOSE
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-032017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1644 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1: A TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF PICK UP VAN [ASHOK LEYLAND] HAVING REGISTRATION NUMBER KL-52-D-7950.
ANNEXURE A2: A TRUE COPY OF THE 'BIRTHDAY INVITATION' OF DAUGHTER OF PRAMOD & SHEEBA.
ANNEXURE A3: A TRUE COPY OF THE REMAND REPORT DATED 12.9.2016 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI.
ANNEXURE A5: COPY OF THE ORDER DATED 13.1.2017 IN C.M.P.NO.5285/2016 ON THE FILES OF JFCM, PATTAMBI.
RESPONDENTS' EXHIBITS : NIL
// True Copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
Crl.M.C. No.1644 of 2017
O R D E R
The petitioner in this Crl.M.C. challenges condition No.1 in Ext.A5 order passed by the court below directing
the petitioner to deposit Rs.2,60,000- as a condition precedent to release the interim custody of the vehicle in question to the petitioner.
Cr.MC1644/2017
2
of the Abkari Act (for short 'the Act').
Cr.MC1644/2017
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committed the offence under the Act, is to be released temporarily, the court shall direct the owner to execute sufficient bond by way of cash security equivalent to the market value of such vehicle to be fixed by the Mechanical Engineer of the Excise Department or any Mechanical Engineer of or above the rank of an Assistant Executive Engineer of the State Public Works Department.
Deputy Excise Commissioner, Kannur and others [2016(5) KHC 215] held that under Section 53B of the Act, the order of release of the vehicle to the interim custody is subject to the execution of sufficient bond 'by way of cash security' equivalent to the market value of vehicle.
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to deposit cash equivalent to the market value assessed by the Assistant Executive Engineer as per the statute. In the said circumstances, the court below was perfectly justified in directing the petitioner to deposit the cash security for the release of the vehicle under Section 451 Cr.P.C. Having gone through the order impugned, I do not find any thing in the said order which warrants interference by this court.
In the result, this M.C. stands dismissed.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
dl/3..3..2017
1 issue framed by the court
Whether this court can interfere with the order directing the petitioner to deposit cash security equivalent to the market value of the seized vehicle.
Colour shows how this judgement treated each authority
Nikhil T.M. v. Deputy Excise Commissioner, KannurRelied on¶6
Nikhil T.M. v. Deputy Excise Commissioner, Kannur and others [2016(5) KHC 215]
2 provisions across 2 enactments
RAMLA D/O.MUHAMMED
STATE OF KERALA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B. SUDHEENDRA KUMAR
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