A vehicle can only be confiscated under the Abkari Act if it is prima facie shown to be used for committing an offense; otherwise, it may be released without mandatory cash security.

C O M M O N O R D E R

The same points are raised in these Criminal Miscellaneous Cases and therefore, I am disposing of these cases by a common order. The main point to be decided in these cases is, when the court invokes Sec.53B of the Abkari Act (for short 'the Act'), the court needs to decide the question, whether prima facie, the confiscation of a vehicle as per the Act is necessary for the purpose of directing the execution of a bond by way of cash security for releasing the vehicle or whether it can be exempted if the court finds that, prima facie confiscation of the vehicle as per the Act is not necessary.

2. I will narrate the facts in Crl.M.C. No. 9469/2023 first. The petitioner is arrayed as accused in Crime No. 39/2023 of Thiruvananthapuram Excise Range, Thiruvananthapuram District alleging offences punishable under Sec. 55(a), 55H and 67B of the Act. The crime was registered on the basis of a search conducted at the residence of the petitioner by which 38.940 litres of beer and 10.250 litres of Indian Made Foreign Liquor are alleged to be seized from the house. Annexure-I is the seizure mahazar in Crime No. 39/2023 of Thiruvananthapuram Excise Range. During the course of seizure of the contraband articles from the house of the petitioner, the vehicle Tata 407 Gold (goods carriage) bearing Regn.No. KL-01-CV-6454 was seized by the Police. Annexure-II is the inventory prepared on seizing the vehicle. The petitioner has submitted Crl.M.P. No. 1442/2023 in Crime No. 39/2023 of Thiruvananthapuram Excise Range seeking release of the vehicle under Sec. 457 Cr.P.C. Annexure-III is the petition filed under Sec. 457 Cr.P.C. The learned Addl. Chief Judicial Magistrate, Thiruvananthapuram allowed the petition as per Annexure-IV order. The petitioner is mainly aggrieved by condition No.1 in Annexure-IV order by which the petitioner is directed to furnish Rs. 8,75,000/- as cash security for producing the vehicle before the court or such authority as and when required.

3. Crl.M.C. No. 8166/2023 is filed challenging the order passed by the Judicial First Class Magistrate Court-I, North Paravur in CMP No. 3834/2023 in Crime No. 433 of 2023 of Vadakkekara Police Station. The petitioner in this case is the sole accused in Crime No. 433/2023 of Vadakkekara Police Station, which was registered alleging offence punishable under Sec. 55(i) of the Act.

4. The prosecution case is that on 10.07.2023 at 7.45 pm, the detecting officer found the accused selling Indian Made Foreign Liquor and the liquor for sale was kept in the car bearing regn. No. KL-07-BP-1969 and the accused was arrested and the vehicle was seized as per law. The petitioner who is the accused filed a petition claiming the vehicle under Sec. 451 Cr.P.C. As per Annexure-A1, the petition was allowed, but the petitioner is directed to deposit an amount of Rs. 60,000/- which is the value of the vehicle as a condition for release. According to the petitioner, even as per the prosecution case, the vehicle was found lying idle at the residence of the petitioner and it was not in a moving condition. It is submitted that the car was seized and the prosecution has no case that any further liquor was found from the vehicle. Hence, the condition to deposit the amount invoking the powers under Sec.53B of the Act is unsustainable is the contention. Hence, this Crl.M.C. is filed to set aside condition No.1 in Annexure-A1 order.

5. Crl.M.C. No. 9663/2023 is filed challenging condition No. 1 in Annexure-C order passed by the Judicial First Class Magistrate Court-I, Chittur. The petitioner is the registered owner of the vehicle bearing Regn.No. KL-64-J-7402, which is a Mahindra Bolero Pickup. The said vehicle was seized by the respondents in connection with Crime No. 20/2023 of Excise Range Office, Chittur. Annexure-A is the Crime and Occurrence Report. According to Annexure-A Crime Report, on 22.02.2023 at 9.10 am, the accused was found with 2400 litres of toddy in Mahindra Bolero Pickup bear