The petitioner's vehicle No.KL-02 M 9688 was seized by the police in connection with a crime registered under the Mines and Minerals (Development and Regulation) Act (MMDR Act). Interim custody of the said vehicle was ordered by this Court on a condition that the petitioner shall make deposit of ₹25,000/- before the police authority. That order was passed by this Court in W.P(C) No.5767/2013 on 19.3.2013. Accordingly, the petitioner deposited the said amount and got the vehicle released. When complaint came in court, the petitioner entered appearance before the learned Magistrate having jurisdiction and pleaded guilty. His plea of guilty was accepted, and on conviction the learned Magistrate sentenced him to pay a fine of ₹5,000/-. Thereafter the petitioner approached the learned Magistrate with C.M.P No.7112/2014 for release of the amount of ₹25,000/- deposited by him in the police station. The learned Magistrate rightly dismissed the said application on the ground that the amount was not deposited in court. The learned Magistrate can order release of the amount Crl.M.C No.5984 of 2014 2 only if it is deposited in criminal courts account. If it is not a court deposit, the learned Magistrate cannot release the amount. The petitioner will have to approach the proper authority for relief. What is under challenge in this proceeding is the order of the learned Magistrate dated 22.8.2014 disallowing C.M.P No.7112/2014. I do not find anything wrong in the orders passed by the learned Magistrate. Without prejudice to the right of the petitioner to approach the proper police authority for relief, this petition can be closed. If application is properly made by the petitioner before the proper police authority competent to order release of the amount, it will have to be legally considered and decided in view of the fact that the criminal complaint stands closed on plea of guilty, and the proceedings have come to an end. No doubt, the amount deposited as security will have to be returned to the petitioner.
In the result, this Criminal Miscellaneous Case is closed with observation that the petitioner can approach the concerned police authority for relief.
P.UBAID JUDGE ab