CRL.MC No. 3661 of 2012 · Kerala High Court

Crl.M.C.No.3661/20122release of the vehicle. That order is challenged in the above petition seeking release of the vehicle on interim custody exercising inherent powers of this Court.

I heard learned counsel for petitioner and also learnedPublic Prosecutor. Vehicle, if it is involved in the commission of the offence, is liable to be confiscated cannot be a ground for turning down an application for its interim custody. Property is involved in the crime is no ground for its retention if such retention may result in its perennial loss. Imposing adequate conditions such property can be released on interim custody to the rightful claimant. Vehicle seized in the case if allowed to be retained at the police station under rain and sun, then, within amatter of time, it will be rendered practically useless. Afterpreparing a mahazar of the vehicle, taking its photos and such other matters that are to be taken note of, with the assistance of experts, which are relevant for enquiry or trial where such materials could be used, if need be, imposing adequate conditions, the vehicle can be released. The Apex Court in Crl.M.C.No.3661/20123Sunderbhai Ambalal Desai v. State of Gujarat (2003 (2)KLT 1089 (SC)) has held that the outlook of court should bemore for the release of the properties involved in crimes on interim custody since delay in trial will eventually cause destruction of such property especially vehicle by its retention. Learned Special Judge can also get a report from the AssistantMotor Vehicle Inspector or any other competent authority to ascertain the value of the vehicle for the purpose of passing appropriate orders in fixing security for release of the vehicle. He can also impose such other conditions as may be required for keeping the vehicle roadworthy by the person to whom it is released, and for its production before court as and when required. As already indicated, preparation of mahazar, taking of photos and collection of such other details can also be ordered for use of such materials in evidence later, before releasing the vehicle.

Setting aside Annexure I order, Special Judge is directed to pass appropriate orders over the release of the vehicle Crl.M.C.No.3661/20124expeditiously, at any rate within three weeks from the date ofreceipt/production of a copy of this order. Crl.M.C. is disposed of.S.S.SATHEESACHANDRAN JUDGEprp