2025:KER:24805 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 CRL.MC NO. 2724 OF 2025 IN MC NO.18 OF 2024 OF JUDICIAL FIRST MAGISTRATE COURT, KOTHAMANGALAM PETITIONER/COUNTER PETITIONER: 1 MAITHEEN AGED 68 YEARS S/O MEERAKUTTY, THOTTATHIKUDY HOUSE, PANIPRA KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK., PIN - 686691 2 MUHAMMED AGED 70 YEARS S/O SAITHALI, THELAMPURAM (THELAMBRAM) HOUSE, PANIPRA KARA, THRIKKAYOOR VILLAGE, KOTHAMANGALAM TALUK., PIN - 686691 BY ADV. P.M.RAFEEK RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV. PUSHPALATHA M.K., SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.2724 of 2025 2025:KER:24805 2 ORDER Dated this the 24th day of March, 2025 Petitioners had stood sureties for the interim release of an autorickshaw bearing Registration No.KL- 06-C-7807, seized in connection with Crime No.2 of 2019 registered at the Excise Range, Kothamangalam. On submission of the final report, the case was numbered as C.C.No.424 of 2019, on the files of the Judicial First Class Magistrate Court-I, Kothamangalam. Pending trial of the case, the accused died and the case was closed as abated. Later, the investigating officer filed Annexure A2 application, stating that the autorickshaw released on the surety of the petitioners should be directed to be produced in court, as the vehicle is to be produced before the Drug Disposal Committee for disposal in accordance with Section 52A Crl.M.C. No.2724 of 2025 2025:KER:24805 3 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Thereupon, the court issued notice to the petitioners, requiring them to cause production of the vehicle. As the petitioners failed to produce the vehicle and offer acceptable explanation for non-production, Annexure A4 order was passed, imposing penalty of Rs.20,000/- each. The petitioners having failed to pay the penalty, Annexures A5 and A6 distress warrants have also been issued. Hence, this Criminal Miscellaneous Case. 2. Learned Counsel for the petitioners contended that his clients had stood surety, as they knew the accused personally. But, after his death, despite best efforts, petitioners are not able to trace out the vehicle. It is submitted that the petitioners are daily waged labourers and imposition of penalty of Rs.20,000/- each Crl.M.C. No.2724 of 2025 2025:KER:24805 4 is impossible of performance and a lenient view may be taken in the matter. 3. Learned Public Prosecutor submitted that, having stood sureties, ensuring production of the vehicle, petitioners cannot wriggle out of their liability by stating that the accused is no more. 4. No doubt, having stood sureties for release of the vehicle, petitioners are bound to produce the vehicle when directed by the court. At the same time, the facts that the accused is no more and the case was closed as abated, are also of relevance. The submission of the learned Counsel that the petitioners are daily waged labourers and had stood as sureties as they knew the accused personally, is also to be taken into consideration. 5. Taking all the above factors into consideration, the Criminal Miscellaneous Case is disposed of, by Crl.M.C. No.2724 of 2025 2025:KER:24805 5 upholding the order of penalty and reducing the quantum of penalty to Rs.5,000/- each, which the petitioners shall remit within one month of receipt of a copy of this order. In view of the modified order passed, the distress warrants issued against the petitioners shall be withdrawn and coercive action initiated, only if the petitioners fail to remit the reduced penalty of Rs.5,000/- each, within the time granted. Sd/- V.G.ARUN JUDGE NB/24-3 Crl.M.C. No.2724 of 2025 2025:KER:24805 6 APPENDIX OF CRL.MC 2724/2025 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF ORDER DATED 14/6/2022 IN C. C. NO. 424/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT–I, KOTHAMANGALAM ANNEXURE A2 A TRUE COPY OF THE APPLICATION DATED 5/1/2022 FILED BY THE EXCISE RANGE INSPECTOR, KOTHAMANGALAM IN C.C.NO. 424/2019 ANNEXURE A3 A TRUE COPY OF THE NOTICE DATED 19/1/2024 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT–I, KOTHAMANGALAM TO THE SON OF THE DECEASED ACCUSED IN C.C.NO. 424/2019 ANNEXURE A4 A TRUE COPY OF THE ORDER DATED 15/4/2024 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT–I, KOTHAMANGALAM IN M.C.NO. 18/2024 ANNEXURE A5 A TRUE COPY OF THE DISTRESS WARRANT DATED 5/8/2024 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT–I, KOTHAMANGALAM TO THE 1ST PETITIONER IN M.C.NO. 18/2024 IN C.C.NO. 424/2019 ANNEXURE A6 A TRUE COPY OF THE DISTRESS WARRANT DATED 5/8/2024 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT–I, KOTHAMANGALAM TO THE 2ND PETITIONER IN M.C.NO. 18/2024 IN C.C.NO. 424/2019 TRUE COPY P.A. TO JUDGE