A vehicle linked to an offence under the Kerala Abkari Act cannot be released without a cash deposit as determined by relevant rules and case law.

ORDER

The petitioner is the registered owner of a vehicle bearing Registration No.KA-01-NB-9640, which has been seized by the Chittarikkal Police Station, Kasaragod, alleging that the accused persons in Crime No.537/2025 had used the vehicle for commission of the offence punishable under Section 55 (a) of the Kerala Abkari Act .

2. Claiming interim custody of the vehicle, the petitioner had filed an application before the Court of the Judicial First Class Magistrate -II, Hosdurg, (Trial Court). By Annexure A3 order, the Trial Court allowed the application but subject to conditions. As per condition No.1, the petitioner has been directed to deposit Rs.7,50,000/- as security in Court or furnish a bank guarantee for the said amount. Condition No.1 in Annexure A3 order is onerous and unjustifiable. Hence, the Crl.MC.

2. I have heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor. 3. The learned Public Prosecutor opposes the Crl.M.C. She submits that in view of Rule 4(2)(a) of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and the interpretation of the said provisions by the Division Benches of this Court in Karthikeyan v. Deputy Commissioner of Excise, Ernakulam and Another [2011(1) KLT 334] and Nikhil T.M v. Deputy Excise Commissioner, Kannur and others [2016 (4) KLT 372] , it is no longer res integra that a vehicle cannot be released without making a cash deposit. In light of the aforesaid decisions, a vehicle can be released only on the owner making a cash deposit.

4. In light of the above exposition of law, I do not find any illegality in Annexure A3 order warranting interference by this Court under Section 528 of the BNSS.

In the aforesaid circumstances, the Crl.M.C is dismissed, but the competent authority is directed to proceed with the confiscation proceedings, in accordance with law and as expeditiously as possible.

Sd/-