The petitioner herein is the registered owner of the vehicle No.KL-58-B-5841, involved in a crime registered under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act. The vehicle was released to her under Section 457 of the Code of Criminal Procedure by the learned Special Judge (N.D.P.S Act cases), Vadakara by order dated 14.5.2014 in C.M.P. No.225 of 2014 on conditions. One condition is that she shall execute a bond for ₹ 40,000/- with two solvent sureties, and the other condition is that she shall make cash deposit of ₹ 25,000/- in court. The petitioner is aggrieved by the second condition directing cash deposit, and she seeks to have the said order quashed under Section 482 of the Code of Criminal Procedure. 2. On hearing both sides, I find that the second condition directing cash deposit can be set aside. However, other conditions will have to be imposed to Crl.M.C No.5719 of 2014
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ensure production of the vehicle in court as and when required. When such conditions are there besides the direction to execute bond, the trial court can ensure production of the vehicle during the trial process.
In the result, this Crl.M.C is allowed. The second condition imposed by the court below directing cash deposit of ₹ 25,000/- will stand set aside subject to the following conditions.
(a) The petitioner shall keep the vehicle in her custody without being assigned or transferred in any manner to anybody.
(b) The petitioner shall produce the original registration certificate in the trial court.
© A true copy of the registration certificate certified from the court will be issued to the petitioner for all legal and practical purposes. In case the vehicle is ultimately released to her under Section 452 of the Code of Criminal Procedure, she will have to surrender the true copy of the registration certificate, and the original will be returned to her.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge