The court emphasizes the principle of allowing interim custody of seized vehicles under similar prior decisions and inherent powers.

O R D E R Dated this the 18^th day of December 2025 The petitioner is the registered owner of a lorry bearing registration No.KL-18-G-3727. Alleging that the vehicle was used for dumping waste water, the Investigating Officer in Crime No.1091/2025 of Kalamassery Police had seized the vehicle for allegedly committing the offences punishable under Section 281 of the Bharatiya Nyaya Sanhita , 2023 and Section 118 (e) of the Kerala Police Act . The petitioner filed an application before the Court of the Judicial First Class Magistrate, Kalamassery (Trial Court), seeking interim custody of the vehicle. By Annexure A3 order, the Trial Court has allowed the application, subject to seven conditions. As per condition No.2, the petitioner has been directed to furnish a bank guarantee for Rs.1,75,000/- being the present value of the vehicle. In addition to the same, the petitioner is directed to execute a bond for Rs.10,00,000/-

with two solvent sureties. Condition No.2 in Annexure A3 order is onerous and unsustainable in law. Hence, the Crl.M.C.

2. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

3. The learned counsel for the petitioner submits that the petitioner’s vehicle is in custody for the last nearly four months. In a case of identical nature, this Court has directed the vehicle that was seized for committing a similar offence to be released on stringent conditions. The petitioner is entitled to the benefit of a similar order.

4. Indisputably, the petitioner’s vehicle was seized on 25.08.2025 on the allegation that the vehicle was used to dump waste water in a public premises. The vehicle is in custody for the last four months. Taking into consideration the law laid down by the Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [2002(10) SCC 283] and the fact that this Court has passed an order in an identical matter directing the vehicle that was used for dumping waste water to be released on interim custody, I am of the view that the petitioner is entitled to a similar order.

5. In the aforesaid circumstances, I am inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, and allow the Crl.M.C. Accordingly, the Crl.M.C is allowed in the following manner:-

(i) Condition No. 2 in Annexure C order is set aside.

(ii) The vehicle in question shall be released to the petitioner on him complying with the condition No. 1, 2 (sic),3, 4, 5, 6, 7 in Annexure A3 order.