Case Note & Summary
The petitioner, Mohammad Shameer, owner of a lorry bearing registration No. KA-19-AB-0011, filed a criminal revision petition under Section 397 read with 401 of Cr.P.C. challenging the order dated 01.02.2019 passed by the Principal District and Sessions Judge, D.K. Mangaluru in Crl.Misc. No.130/2019. The Sessions Court had allowed the petitioner's application under Sections 451 and 457 of Cr.P.C. for release of the vehicle but imposed a condition that the petitioner furnish a renewable bank guarantee double the value of the vehicle. The petitioner contended that this condition was onerous and unreasonable. The High Court, after hearing both sides, set aside the condition and directed the release of the vehicle on the petitioner furnishing a simple bond without sureties. The court observed that the condition of bank guarantee double the value was not justified and modified the order accordingly.
Headnote
A) Criminal Procedure - Interim Custody of Vehicle - Sections 451, 457 Cr.P.C. - Condition of Bank Guarantee - The petitioner-owner of a lorry seized in connection with an offence under the Mines and Minerals Act challenged the condition imposed by the Sessions Court requiring him to furnish a renewable bank guarantee double the value of the vehicle. The High Court held that such a condition is onerous and unreasonable, and directed release on furnishing a simple bond without sureties. (Paras 1-3)
Issue of Consideration
Whether the condition imposed by the Sessions Court requiring the petitioner to furnish a renewable bank guarantee double the value of the vehicle for its interim release under Sections 451 and 457 of Cr.P.C. is reasonable and sustainable in law.
Final Decision
The High Court allowed the revision petition, set aside the condition of furnishing a renewable bank guarantee double the value of the vehicle, and directed the release of the vehicle on the petitioner furnishing a simple bond without sureties.
Law Points
- Interim custody of vehicle
- Section 451 Cr.P.C.
- Section 457 Cr.P.C.
- condition of bank guarantee
- reasonableness of conditions
- release of seized property
Case Details
2019 LawText (KAR) (10) 38
Criminal Revision Petition No.988/2019
Sri Rajesh Rai K., Sri Chandrahasa Rai B. (for petitioner); Sri M. Divakar Maddur, HCGP (for respondents)
State of Karnataka, Mines and Geology Department; Mr. Niranjan A.M.
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Nature of Litigation
Criminal revision petition challenging condition imposed for release of seized vehicle.
Remedy Sought
Petitioner sought setting aside of the condition requiring furnishing of bank guarantee double the value of the vehicle for its release.
Filing Reason
The Sessions Court imposed an onerous condition of furnishing a renewable bank guarantee double the value of the vehicle for its interim release.
Previous Decisions
The Principal District and Sessions Judge, D.K. Mangaluru in Crl.Misc. No.130/2019 dated 01.02.2019 allowed the application for release of the vehicle subject to the condition of furnishing a renewable bank guarantee double the value of the vehicle.
Issues
Whether the condition of furnishing a bank guarantee double the value of the vehicle for interim release under Sections 451 and 457 Cr.P.C. is reasonable.
Submissions/Arguments
Learned counsel for the petitioner argued that the condition imposed by the Sessions Court is onerous and unreasonable.
Learned HCGP for the respondents opposed the petition.
Ratio Decidendi
The condition of furnishing a bank guarantee double the value of the vehicle for interim release under Sections 451 and 457 Cr.P.C. is onerous and unreasonable; the vehicle should be released on a simple bond.
Judgment Excerpts
This petition has been filed by the petitioner-owner of the vehicle challenging the order passed by Principal District and Sessions Judge, D.K., Mangalore in Crl.Misc.No.130/2019 dated 1.2.2019, whereunder the application filed under Sections 451 and 457 of Cr.P.C. is allowed by imposing some conditions, whereunder the vehicle bearing registration No.KA.19 AB.0011 is ordered to be released in favour of the petitioner-RC Owner on his furnishing security in the form of renewable Bank Guarantee double the value of the vehicle to the satisfaction of the Court below.
I have heard the learned counsel for the petitioner and the learned HCGP for the respondents.
Procedural History
The petitioner filed an application under Sections 451 and 457 Cr.P.C. before the Principal District and Sessions Judge, D.K. Mangaluru for release of his seized lorry. The Sessions Court allowed the application on 01.02.2019 but imposed a condition of furnishing a renewable bank guarantee double the value of the vehicle. Aggrieved by this condition, the petitioner filed the present criminal revision petition under Section 397 r/w 401 Cr.P.C. before the High Court of Karnataka.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 397, 401, 451, 457
