Kerala High Court
Mathai Samuel vs State Of Kerala on 24 October, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941
Crl.MC.No.6215 OF 2019(F)
AGAINST ANNEXURE-2 ORDER IN CRMP 1843/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, PUNALUR
CRIME NO.718/2019 OF Thenmala Police Station, Kollam
PETITIONER:
MATHAI SAMUEL
AGED 49 YEARS
PUTHUVAL VEEDU, KARIMPINTHOTTAM, ARYANKAVU VILLAGE,
KOLLAM DISTRICT.
BY ADV. SRI.PRAVEEN K. JOY
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF
POLICE, THENMALA POLICE STATION.
SRI C S HRITHWIK-SR PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6215/2019
2
R.NARAYANA PISHARADI, J
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Crl.M.C.No.6215 of 2019
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Dated this the 24th day of October, 2019
ORDER
The petitioner is the accused in the case registered as Crime No.718/2019 of the Thenmala police station under Section 3 read with 7 of the Essential Commodities Act, 1955. The allegation against him is that he transported ration rice, without necessary documents, in his vehicle KL 25 L 6560. The vehicle was seized by the police and produced in the court. The petitioner filed an application under Section 451 Cr.P.C for releasing the vehicle to his interim custody. As per Annexure-2 order, the learned Magistrate allowed the application on certain conditions. One of the conditions was that the petitioner shall deposit cash security of Rs.1,18,000/- or furnish bank guarantee for the same amount. Aggrieved by the aforesaid condition imposed on him by the learned Magistrate, this petition is filed under Section 482 Cr.P.C.
Crl.M.C.No.6215/20193
2. Heard learned counsel for the petitioner and the learned Public Prosecutor.
3. The allegation against the petitioner is that he transported ration rice, without necessary documents, in the vehicle and thereby he committed an offence punishable under Section 3 read with 7 of the Essential Commodities Act, 1955. As per Annexure-2 order, the learned Magistrate allowed the application filed by the petitioner for releasing the vehicle to his interim custody. The petitioner is aggrieved only by the condition imposed by the learned Magistrate with regard to the deposit of cash or furnishing of bank guarantee.
4. There is no illegality or impropriety committed by the learned Magistrate in imposing a condition that the petitioner shall either deposit the amount or furnish bank guarantee for the same. In Sunderbhai Ambalal Desai v. State of Gujrat : AIR 2003 SC 638, the Supreme Court has categorically held that when interim custody of articles or vehicles is given under Section 451 Cr.P.C, bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. It is true that security need not be in the form of deposit of cash or Crl.M.C.No.6215/2019 4 furnishing of bank guarantee. It can be in any other form. In the instant case, the petitioner has not offered to furnish any other form of security.
5. In this context, it is to be noted that as per Section 6A(1)(c) of the Essential Commodities Act, 1955, the vehicle used for commission of an offence under the Act, is liable to confiscation.
6. In the aforesaid circumstances, I find no sufficient ground to interfere with the impugned order passed by the learned Magistrate.
7. Consequently, the petition is dismissed. However, it is made clear that the petitioner is at liberty to approach the learned Magistrate for modifying the condition regarding cash security or furnishing of bank guarantee by offering any other form of security. If any such application is filed, the learned Magistrate is at liberty to consider such application on merits and dispose of the same.
(sd/-) R.NARAYANA PISHARADI, JUDGE jsr Crl.M.C.No.6215/2019 5 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE 1 TRUE PHOTOCOPY OF THE CRL.MP NO.1843/2019 DATED 16.07.2019 BEFORE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR.
ANNEXURE 2 TRUE CERTIFIED COPY OF THE ORDER DATED 09.08.2019 IN CRL.MP NO.1843/2019 BEFORE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR.
RESPONDENT'S EXHIBITS: NIL TRUE COPY PS TO JUDGE