As held by the Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat

2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI PETITIONER/PETITIONER: SAKKIR AGED 52 YEARS S/O MOIDHEEN, THALIKAPARAMBIL HOUSE, ATHANIBASKAR, KUTTIPPURAM, TIRUR TALUK, MALAPPURAM, PIN - 679571 BY ADVS. K.REEHA KHADER SREELAKSHMI SABU RESPONDENT/DEFACTO COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.1700 of 2025 2 ORDER Dated this the 25th day of March, 2025 Petitioner’s Tanker Lorry bearing registration No.KL-01-AP-1925 was seized in connection with Crime No.1592 of 2024 registered at the Ponnani Police Station for offences punishable under Sections 271, 280, 126(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 120(e) of the Kerala Police Act, 2011.

The crime is registered on the allegation that the petitioner’s vehicle was found engaged in dumping sewage in vacant lands and field.

Learned counsel for the petitioner submits that no purpose is served by detaining the petitioner's vehicle and the learned Magistrate went wrong in holding that this Court has prohibited the release of vehicles engaged in such activities. Crl.M.C. No.1700 of 2025 3

Learned Public Prosecutor submitted that, if at all the vehicle is to be released, that should be on stringent conditions.

As held by the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], it is always appropriate to release the seized vehicle, rather than detaining it, resulting in damage and deterioration of value. Therefore, even though the alleged offence is very serious, the vehicle can be released on stringent conditions. The impugned order is hence quashed and the Criminal Miscellaneous Case is disposed of, with the following directions; (i) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Magistrate and Crl.M.C. No.1700 of 2025 4 undertake to produce the vehicle before the court as and when directed. (ii) Petitioner shall furnish Bank Guarantee for Rs.1,00,000/- (Rupees One lakh only) before the jurisdictional Magistrate. (iii) Petitioner shall file an affidavit stating the manner in which he proposes to dispose of the sewage waste, if any remaining in the vehicle, along with details of the authorized facility/unit. (iv) Petitioner shall not transfer, sublet, lease or sell the vehicle to any person, until conclusion of the criminal case. (v) Petitioner shall participate in the trial as well as the confiscation proceedings, if any, initiated. (vi) If petitioner commits similar offence in future, police will be free to repossess the Crl.M.C. No.1700 of 2025 vehicle and seek encashment of the Bank 5 Guarantee. Sd/- V.G.ARUN JUDGE NB/25-3 Crl.M.C. No.1700 of 2025 6 APPENDIX OF CRL.MC 1700/2025 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 A TRUE COPY OF THE CERTIFICATE OF INSURANCE OF THE VEHICLE ISSUED BY ROYAL SUNDARAM GENERAL INSURANCE DATED 4.9.2024 A TRUE COPY OF THE FIR IN CRIME NO. 1592 OF 2024 OF PONNANI POLICE STATION DATED 3.12.2024 A TRUE COPY OF THE ORDER OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, PONNANI DATED 19.12.2024 IN CMP NO. 4613 OF 2024 TRUE COPY P.A. TO JUDGE