This Criminal Miscellaneous petition challenged conditions imposed for releasing a vehicle seized under the NDPS Act. The petitioner, a Rent-a-Car owner not charged in the case, sought to replace cash security with a bond.
The petitioner was permitted to execute a bond for the value of the vehicle covered by the charge invoice dated 03.12.2015.
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 SUNIL THOMAS
FRIDAY, THE 3RD DAY OF NOVEMBER 2017/12TH KARTHIKA, 1939
Crl.MC.No. 7284 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CMP 1230/2017 of J.M.F.C.-II, MANANTHAVADY DATED 20-09-2017 CRIME NO. 27/2017 OF MANANTHAVADY EXCISE RANGE OFFICE , WAYANAD
PETITIONER(S)/PETITIONER : -------------------------
DR. GEETHA. K.S, W/O. DR. GOPAL R. K., HOUSE NO. 571, 2ND MAIN ROAD, 2ND BLOCK, RAJAJI NAGAR, BANGALORE, KARNATAKA, REPRESENTED BY POWER OF ATTORNEY HOLDER SRINIVAS K. SAMPATH, S/O. K. SAMPATH, FLAT NO.202, NO.13, 14TH MAIN, J. C. NAGAR, KURUMBARAHALLI, BANGALORE (NORTH), KARNATAKA.
BY ADV. SRI.JESWIN P.VARGHESE
RESPONDENT(S)/COMPLAINANT :
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR:SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7284 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 THE CERTIFIED COPY OF THE ORDER OF JFCM COURT NO.II, MANANTHAWADY IN CMP NO.1230/2017 DATED 20.09.2017.
RESPONDENT(S)' EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
=================
Crl.M.C.No.7284 of 2017
=================
Dated this the 3rd day of November, 2017
ORDER
Petitioner herein, who claims to be the power of attorney holder of the RC owner of vehicle No.KA-04-MQ-8513, Maruti Suzuki Baleno car which was involved in Crime No.27 of 2017 of Excise Range Office, Mananthavady for offences punishable under sections 8(c) r/w 20(b)(ii)(A) of the NDPS Act, 1985, sought permission to get the vehicle released. Court below, by order dated 20th September 2017, granted relief inter alia on a condition that the petitioner shall furnish cash security equivalent to the market value of the vehicle as fixed by the Mechanical Engineer of the Excise Department or by Officer above the rank of an Assistant Engineer of the Public Works Department. There was a further direction that the petitioner herein shall take steps for obtaining a valuation certificate.
Crl.M.C.7284/17
2
establish that there are four accused, which did not include the RC owner, namely Geetha K.S. W/o. Gopal R.K. It was contended that, in the light of the above facts, court below ought to have relied on the decision of this Court in Hassainar Azeez B. v. State of Kerala (2017 (2) KHC 987) , wherein, this Court at paragraph 17 had held that, if the owner is not an accused, it will be sufficient if a bond is executed.
Crl.M.C.7284/17
3
petitioner herein to execute bond for the value of the vehicle covered by the charge invoice dated 03.12.2015. Court shall also verify whether the engine number and chassis number in the charge invoice tallies with that of the vehicle involved.
Crl.M.C is allowed as above.
Sd/-
SUNIL THOMAS Judge
Sbna/3/11/17
True Copy / P A to Judge
1 issue framed by the court
Whether the rent-a-car owner can furnish an execution bond in lieu of cash security to release the impugned vehicle when the owner is not an accused.
Colour shows how this judgement treated each authority
Hassainar Azeez B. v. State of Kerala (2017 (2) KHC 987)Applied¶27
Dr. Geetha K.S
The State of Kerala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
