ORDER

Being aggrieved by the order dated 15.02.2023 in C.M.P.No.605 of

2023 of the Temporary Judicial Magistrate of the First Class, Attingal, as per which interim custody of vehicle involved in Crime No.3 of 2023 of Excise Office, Kilimanoor, this petition has been filed under Section 482 of the Cr.P.C.

2. The grievance of the petitioner is only with regard to condition No. (2) of the order by which, as a condition precedent, the petitioner has been ordered to deposit a sum of Rs. 75,000/- by way of cash or bank guarantee.

3. Short facts are as under:

A crime was registered by the Excise Range Officer, Kilimanoor, on the allegation that the petitioner was found traveling in a motorbike owned by him and 420 mg of MDMA was seized from the body of the petitioner. Consequent to the registration of Crime No. 3 of 2023 of the Excise Range Office, Kilimanoor, for the offence under Sections 22 (a) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (NDPS Act), TVS NTORQ 125 Race Edition Motor Cycle in which the petitioner was traveling, and Realme X2 mobile phone were seized. Seeking interim custody of the vehicle, the petitioner filed an application before the learned Magistr