Kerala High Court Eases Bank Guarantee Requirement for Vehicle Custody in Sand Transport Case

High Court Sets Aside Onerous Bank Guarantee Condition for Interim Custody of Vehicle Under Kerala Forest Act

In a significant ruling, the Kerala High Court has set aside a condition requiring a bank guarantee for the interim custody of a vehicle involved in the alleged transport of sand from a forest area. The judgment, delivered by Justice C.S. Dias, emphasizes the importance of not imposing onerous conditions that are not justified under the Kerala Forest Act, 1961.

The case was brought before the High Court by Shijo Mon Joseph, the registered owner of a lorry that was seized by the Deputy Range Forest Officer at the Mukkuzhy Forest Station, Pathanamthitta. The vehicle was confiscated on allegations of transporting sand from the forest in contravention of the Kerala Forest Act. The petitioner sought interim custody of the vehicle, which was initially granted by the Judicial First-Class Magistrate-II, Kanjirappally, but with the condition of furnishing a bank guarantee of Rs. 3,00,000.

The petitioner argued that the bank guarantee condition was onerous, referencing the Supreme Court's decision in Shihab v. State of Kerala and a related judgment by the Kerala High Court in Muhamed Ali v. State of Kerala. These precedents highlight that such conditions are not warranted when sand, not listed under confiscable items in Section 61A of the Kerala Forest Act, is involved.

Justice Dias noted that Section 53 of the Kerala Forest Act empowers competent officers to release a vehicle on bond without the necessity of a bank guarantee. The Court referenced past judgments, drawing a distinction between cases under the Kerala Forest Act and those under the Karnataka Forest Act, which explicitly requires a bank guarantee for similar situations.

The High Court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the bank guarantee condition, allowing for the vehicle's release upon fulfillment of other conditions outlined in the Magistrate's order.

This decision underscores the judiciary's role in ensuring that legal provisions are applied fairly and without undue burden on individuals, particularly in cases where statutory requirements do not explicitly demand such conditions.

Bottom Line:

Forest Law - Condition to furnish a bank guarantee for interim custody of a vehicle alleged to be involved in transporting sand is considered onerous and unjustifiable under Section 53 of the Kerala Forest Act.

Statutory provision(s): Kerala Forest Act, 1961 Section 53, Kerala Forest Act, 1961 Section 61A, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Shijo Mon Joseph v. State of Kerala, (Kerala) : Law Finder Doc Id # 2817064