Court can exercise inherent powers to set aside onerous conditions for vehicle custody, noting prolonged judicial custody.

O R D E R

Dated this the 24^th day of February, 2026 The petitioner is the registered owner of a Lorry bearing Registration No.KL-18-D-0038. Alleging that the vehicle was used for committing the offences punishable under Sections 271 and 279 of the Bharatiya Nyaya Sanhita, 2023 and 120(e) of the Kerala Police Act , the Investigating Officer in Crime No.2071/2025 of the Aluva East Police Station, seized the said vehicle.

2. Although the petitioner filed an application before the Court of the Judicial First Class Magistrate-I, Aluva (the learned Magistrate), seeking the interim custody of the vehicle, by Annexure-II order, the learned Magistrate has allowed the application but subject to conditions. As per condition No.2 in the order, the petitioner has been directed to furnish a bank guarantee for Rs.3,00,000/-. The said condition is onerous and unjustifiable. Hence, the Crl.M.C.

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

4. The learned counsel for the petitioner submits that the petitioner’s vehicle is in judicial custody since 13.09.2025, which is more than five months now. Due to the onerous condition in Annexure-II order, that the petitioner should furnish a bank guarantee for Rs.3,00,000/-, the petitioner is unable to get the vehicle released. Therefore, condition No.2 in Annexure-II order may be set aside.

5. Admittedly, the petitioner’s vehicle was seized by the the Investigating Officer on 13.09.2025, which is more than five months now. 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 the vehicle is in custody for the last five months exposed to the vagaries of the nature, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

In the aforesaid circumstances, I allow the Crl.M.C in the following manner:-

(i) Condition No.2 in Annexure-II order that the petitioner should furnish bank guarantee for Rs.3,00,000/- is set aside.

(ii) The learned Magistrate is directed to grant interim custody of the vehicle to the petitioner on him fulfilling condition Nos.1, 3 to 9 in the impugned order. Sd/-

C.S.DIAS, JUDGE NAB PETITIONER ANNEXURES ANNEXURE-I TRUE COPY OF FIR DATED 13.09.2025 IN CRIME NO. 2071/2025 OF ALUVA EAST POLICE STATION ANNEXURE-II A TRUE COPY OF THE ORDER DATED 04.11.2025 IN CMP NO. 3517/2025 IN CRIME NO. 2071/2025 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA ANNEXURE-III TRUE COPY OF RC BOOK OF VEHICLE BEARING NO.