The petitioner herein is the registered owner of the Autorickshaw No.KL 11-AL 9722 involved in a crime registered under Section 20(b)ii(B) of the NDPS Act. The prosecution case is that the petitioner's driver was found transporting a quantity of 1.125 kg. of Ganja in the said auto. The police arrested the said driver and seized the contraband article and the autorickshaw. The petitioner made application before the learned Special Judge, Vadakara under Section 451 of the Code Criminal Procedure for interim custody of the vehicle. As per order dated 17.12.2013 in Crl.M.P No.519/2013 the learned Special Judge ordered release on condition that the petitioner shall furnish bank guarantee for ₹1,20,000/- and shall also execute a bond with solvent sureties for ₹50,000/- each. The petitioner is aggrieved by the first condition directing bank guarantee, and he seeks orders under Section 482 of the Code of Criminal Procedure quashing the said condition. As required by the Court, the Excise Inspector, Thamarassery submitted a report that the petitioner's driver is involved as accused in four other crimes, and that if the vehicle is released without strict conditions, the prosecution will find it difficult Crl.M.C No.6019 of 2014 2 to cause production of the vehicle for trial purpose or for confiscation proceedings.
2. On hearing both sides, I find that some interference by this Court is necessary as regards the condition imposed by the learned Special Judge. Of course, the offence is serious, and appropriate conditions are required to ensure production of the property during trial, or for confiscation purpose.
3. In the particular facts and circumstances, I find that the first condition, directing bank guarantee, can be set aside on a further condition that the petitioner shall make security deposit of 50% of the bond amount in the court below. The said condition will suffice in the particular circumstances.
In the result, this Criminal Miscellaneous Case is allowed. The first condition imposed by the court below as per the order dated 17.12.2013 in Crl.M.P No.519/2013 directing the petitioner to produce bank guarantee will stand cancelled on a further condition that the petitioner shall make deposit an amount of ₹25,000/- as security in the court below.
P.UBAID JUDGE ab