The petitioner herein is the accused in Crime No.929 of 2014 of Kottayam East Police Station, registered under Section 20 (b) (ii) (A) of the Narcotic Drugs and Psychotropic Substances Act. The prosecution case is that he was found possessing 5 gms of Ganja when the police conducted his body search on suspicion. Along with the small quantity of Ganja, the police also seized his autorickshaw No.KL-5-AB 8493. The petitioner made application before the Chief Judicial Magistrate Court, Kottayam as C.M.P. No.2711 of 2014 under Section 451 of the Code of Criminal Procedure for interim custody of the autorickshaw. The learned Magistrate dismissed the said application by order dated 18.9.2014 on the ground that the autorickshaw is liable to confiscation. The said order is under challenge in this proceeding. 2. On hearing both sides, I find that the vehicle can be released to the petitioner under Section 451 of the Code Crl.M.C No.6421 of 2014
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of Criminal Procedure on appropriate conditions. It is submitted that ganja was in fact seized on body search. If so, it requires to be decided whether the autorickshaw as such can be confiscated. Anyway, let the petitioner produce the vehicle as and when required by the court for confiscation purpose or otherwise.
3. The learned Public Prosecutor submitted that the petitioner is a person habitually selling small quantity of Ganja, but no other crime is seen reported. Anyway, in the present circumstances, the autorikshaw cannot be ruined by exposure to sun and rain.
In the result, this petition is allowed. The autorickshaw No.KL5-AB-8493 involved in Crime No.929 of 2014 of Kottayam East Police Station will be released to the petitioner under Section 451 of the Code of Criminal Procedure on the following conditions.
(i) The petitioner shall produce the original registration certificate before the court below along with other documents, for verification. He will also produce a copy of the registration certificate, which will be certified by the Chief Ministerial Officer of the Court and Crl.M.C No.6421 of 2014
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given to the petitioner along with other documents. The original registration certificate will be kept in safe custody in court. The petitioner will also be given a certificate stating the facts.
(ii) The petitioner will execute a bond with one solvent surety for ₹ 20,000/- (Rupees Twenty thousand only) each to the satisfaction of the learned Magistrate.
(iii) The petitioner shall not sell or assign or otherwise dispose of the autorickshaw till conclusion of trial, and subject to final orders under Section 452 of the Code of Criminal Procedure.
(iv) The petitioner shall produce the autorickshaw in court as and when required by the court.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge