Interim custody of seized vehicles can be granted under specific legal conditions despite previous rulings against it.

C.S.DIAS, J.

------------------------------------------ Crl.M.C. No. 9491 OF 2025 --------------------------------------------

Dated this the 29^th day of January, 2026 ORDER The petitioner is the registered owner of a vehicle bearing No. KL-41F-0730, which has been seized by the Investigating Officer in Crime No.658/2025 registered by the Palarivattom Police Station alleging that the driver of the vehicle has committed the offences punishable under Section 271 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 120 (e) of the Kerala Police Act, 2011 .

2. Claiming interim custody of the vehicle, the petitioner filed an application before the Court of the Judicial First Class Magistrate-IX, Ernakulam (Trial Court) However, by Anneuxre II order, the Trial Court has dismissed the application on the ground that this Court in WP© No.7844/2023 has held that vehicle seized for committing the above offences shall not be released.

Annexure II order is onerous and unjustifiable. The petitioner’s vehicle was seized as early as on 16.09.2025 and is lying exposed to the vagaries of nature. No useful purpose would be served in leaving the petitioner’s vehicle exposed to nature. There is no statutory provision that prevents interim custody of the vehicle to be granted to the petitioner. Hence, Annexure III order may be set aside and interim custody of the vehicle may be granted to him.

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

4. The petitioner’s vehicle was seized, on

16.09.2025, on the allegation that it was used for dumping sewage waste in a canal in Chalikkavattom causing harm to public health.

5. The learned Public prosecutor submits that the petitioner’s vehicle was produced before the Revenue Divisional Officer on 11.10.2025. However, it is not discernible whether any confiscation proceedings has been initiated.

6. Taking into consideration the law laid down by the Honourable Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [2002(10) SCC 283] and that this Court has passed identical orders in similar matters granting interim custody of the vehicle to its registered owners, I am satisfied that the petitioner is entitled to a similar order.

7. In the aforesaid circumstances, I am inclined to exercise the inherent powers of this Court under Section

528 of the BNSS .

Accordingly, this Crl.M.C. is allowed in the following manner:

(i) Annexure II order is set aside.

(ii) CMP No.6496/2025 filed before the Trial Court is allowed subject to the condition that the petitioner executes a bond for Rs.3/- lakh with two solvent sureties for the like sum to the satisfaction of the Trial Court specifically undertaking to produce the vehicle before the Trial Court as well as the competent authority as and when directed.

(iii) The petitioner shall not transfer the vehicle to any other person without the permission of the Trial Court.

(iv) The petitioner shall also undertake that he shall not use the vehicle for the commission of any offence during the currency of this order.

(v) The Trial Court would be at liberty to modify/delete any of the conditions mentioned above.

(vi) Disposal of this Crl.M.C. shall not be a bar for the competent authority to initiate confiscation proceedings and bring it to its logical conclusion.

sd/-

C.S.DIAS, JUDGE rkc/29.01.26 APPENDIX OF CRL.MC NO. 9491 OF 2025 PETITIONER ANNEXURES Annexure I THE COPY OF THE FIR DATED 16.09.2025 IN CRIME NO. 658 OF 2025 REGISTERED BY PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT Annexure II THE CERTIFIED COPY OF THE ORDER DATED