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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Shijo Mon Joseph S/o Joseph – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. arguments regarding the bank guarantee as a condition are presented. (Para 2 , 4 , 5) |
| 2. court observations discuss legal precedents and applicable statutes. (Para 6 , 7 , 8 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. final decision to allow the petition against the onerous condition. (Para 14) |
ORDER :
C.S.DIAS, J.
The petitioner is the registered owner of a lorry bearing registration No. KL-33-9772. The vehicle was seized by the Deputy Range Forest Officer, Mukkuzhy Forest Station, Pathanamthitta, on the allegation that the vehicle was used for transporting river sand from the forest in violation of Sections 27(1) (e) (iv) & (v) and 52(1) of the Kerala Forest Act, 1961. To obtain the interim custody of the vehicle, the petitioner filed a petition before the Court of the Judicial First-Class Magistrate-II, Kanjirappally, under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘BNSS’). By Annexure B order, the learned Magistrate granted interim custody of the vehicle, but subject to the condition that the petitioner furnishes a bank guarantee for Rs.3,00,000/-, being the assessed value of the vehicle. It is aggrieved by the said condition that this Crimina
The requirement for a bank guarantee in interim custody for vehicles seized under the Kerala Forest Act is onerous and not warranted when transporting sand.
The court established that confiscation proceedings under the Kerala Forest Act require prior notice to the owner, ensuring their right to respond before any compulsory confiscation.
The legality of the seizure of the vehicle under the Kerala Forest Act and the requirement of simultaneous seizure of contraband articles were the central legal points established in the judgment.
Court can exercise inherent powers to set aside onerous conditions for vehicle custody, noting prolonged judicial custody.
The court emphasized interim custody rights of seized vehicles, modifying onerous conditions in light of legal precedents.
The court determines that onerous conditions for interim custody of vehicles seized under NDPS Act are unjustifiable if the owner lacks culpability.
Maintaining interim custody of seized vehicles to prevent deterioration while ensuring legal compliance.
Interim release of seized property is permissible under strict conditions to safeguard its value pending investigation.
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