“The case of the prosecution is that on 09.06.201 at about 5.15 p.m. when the respondent/police were conducting vehicle check up near Omalur-Salem Bypass, Karuppur Toll Gate, they intercepted a four-wheeler bearing Regn.No. KA-01-C-8853 and on search, they found liquor bottles (Karnataka State) without any valid permit from the Government. Hence the case in Crime No.178 of 2021 was registered against the accused persons and the vehicle was seized. The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle and he has no knowledge about the involvement of his vehicle by the accused persons. He would further submit that the vehicle is kept in an open place in the respondent police station and due to exposure of sun and rain, the value of the vehicle would be diminished. He would submit that the petitioner had filed a petition before the learned Judicial Magistrate-II, Salem, for return of vehicle whereas, the learned Magistrate, without considering the fact, dismissed the petition. Therefore, the petitioner has filed the present revision before this Court. He would further submit that the petitioner is prepared to abide by any condition imposed by this Court and he would pray that the vehicle may be returned to the petitioner. The learned Government Advocate (Crl. Side) would submit that the said vehicle is involved in illegal transportation of liquor bottles (Karnataka State) and if the vehicle is released at this stage, there is every possibility of tampering with the engine and chassis number of the vehicle and thereby, the investigation would be defeated. Hence, he objects for release of the vehicle”, recorded the High Court.
Considering the facts and circumstances of the case and that the vehicle is kept in the open space and exposed to natural calamities, the High Court directed the Judicial Magistrate-II, Salem, to return the vehicle “TATA 407 (Turbo) TEMPO” bearing Reg.No.KA-01-C-8853 to the petitioner, on the following conditions:-
(ii) The petitioner shall not alter or alienate the vehicle in any manner till confiscation proceedings is over;
(iv) The petitioner shall also give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent or the Court below as well as by the District Collector of the District or authorized officer in that behalf by the Government;
(v) The petitioner shall participate in the confiscation proceedings, if any initiated, and shall produce the vehicle, before the confiscation authority. This order is subjected to the confiscation proceedings”.