Crl.Appeal No.2189 of 2024 1 2025:KER:26601 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.A NO. 2189 OF 2024 CRIME NO.107/2024 OF KOIPURAM POLICE STATION, PATHANAMTHITTA. AGAINST THE ORDER DATED 06.08.2024 IN CRMP NO.3489 OF 2024 ON THE FILE OF THE COURT OF SESSION, PATHANAMTHITTA. APPELLANT(S)/PETITIONER: M/S. FUTURE SUPPLY CHAIN SOLUTION M/S. FUTURE SUPPLY CHAIN SOLUTION, 17/527, ALUVA - ANGAMALY ROAD, ATHANI, NEDUMBASSERI, ERNAKULAM REPRESENTED BY ITS MANAGING PARTNER, ABDUL KHADAR, AGED 65 YEARS, S/O. MOHAMMED, MUNDETH, BUNGLOW ROAD, MEKALADY, KALADY, ERNAKULAM, PIN – 683574. BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL P.RAJKUMAR KESHAVRAJ NAIR BIJU VIGNESWAR ARUN POOMULLI ANAND REMESH ABHIJITH SREEKUMAR ABHIRAM.S. GAADHA SURESH T.K.BABU P.B.SUNEER Crl.Appeal No.2189 of 2024 2 2025:KER:26601 RESPONDENT(S)/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 2 THE COMPETENT AUTHORITY & SECRETARY TO GOVERNMENT UNDER THE BUDS ACT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 *3 THE DISTRICT COLLECTOR, PATHANAMTHITTA. ( *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 26.3.2025 IN CRL.A 2189/24). SRI.VIPIN NARAYAN, PUBLIC PROSECUTOR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON 28.03.2025 DELIVERED THE FOLLOWING: Crl.Appeal No.2189 of 2024 3 2025:KER:26601 C.S.SUDHA, J. --------------------------------------------- Crl.Appeal No.2189 of 2024 --------------------------------------------- Dated this the 28th day of March 2025 J U D G M E N T This appeal has been filed under Section 19 of the Banning of Unregulated Deposit Schemes Act , 2019 (the BUDS Act) by the petitioner in CR.M.P.No.3489/2024 in Crime no.107/2024. 2. The allegations in CR.M.P.No.3489/2024 are as follows – the petitioner, a registered partnership firm engaged in the business of retail sale of pre-owned luxury cars purchased a BMW X5 X drive luxury car bearing registration no.KL-28E- 0999 from Sindhu V. Nair, the registered owner of the vehicle for a sum of ₹76,00,000/- as per sale deed dated 13/12/2023 executed between Mansoor Mon A.S., an authorized employee of the petitioner and the RC owner. The sale price was paid by the Crl.Appeal No.2189 of 2024 4 2025:KER:26601 petitioner on 13/12/2023 via bank transfer to the registered owner. The petitioner took possession of the vehicle and on 25/03/2024 filed an application before the Sub Regional Transport Officer, Mallappally, for change of ownership of the vehicle under the provisions of the Motors Vehicles Act, 1988. The Sub Regional Transport Officer, Mallappally then informed the petitioner that the ownership could not be transferred as the vehicle had been flagged as “Not To Be Transacted” (NTBT) for the reason that Crime No.107/2024, Koipuram police station has been registered against the RC owner. The sale of the vehicle was completed much earlier to the registration of the crime. Hence the petitioner filed WPC No.13023/2024 before this Court seeking an order directing the Sub Regional Transport Officer, Mallappally to remove the NTBT and allow the transfer of ownership of the vehicle to the petitioner. During the course of the hearing of the writ petition, this Court was informed on 11/04/2024 that all the properties of Sindhu V. Nair had provisionally been attached by the second respondent under the BUDS Act vide order Crl.Appeal No.2189 of 2024 5 2025:KER:26601 SC3/46/2024/Home dated 11/03/2024 and that the same would cover the vehicle in this case also. Hence, the petition before the designated court for releasing the vehicle from the purview of the order of the second respondent. 3. From the materials on record, the designated court found that the registered owner of the vehicle still continues to be Sindhu V.Nair, the second accused in the aforesaid crime. Hence, the request of the petitioner for releasing BMW X5 X drive luxury car bearing registration no.KL-28E-0999 from the purview of the Order No.SC3/46/2024/Home dated 11/03/2024 of the second respondent could not be allowed and so the petition was dismissed. Aggrieved, the petitioner has come up in appeal. 4. Heard both sides. 5. In the light of Section 15(4) and 17(1) of the BUDS Act, the request for raising the attachment relating to the vehicle cannot be allowed. It was submitted on behalf of the appellant/petitioner that he is ready to deposit the value of the vehicle as contemplated under Section 17(1) of the BUDS Act for Crl.Appeal No.2189 of 2024 6 2025:KER:26601 raising the attachment. Hence, the learned public prosecutor was directed to produce a valuation certificate of the officer concerned regarding the value of the vehicle. Pursuant to the same, a memo dated 21/02/2025 has been filed along with the report of the Joint Regional Transport Officer, Mallappally, which states that the approximate value of the vehicle is ₹32,71,750/-. An amount of ₹32,71,750/- shall be deposited by the appellant/petitioner in the account of the second respondent or the additional third respondent as the case may be. The appellant/petitioner is granted two months time from the date of receipt of a copy of this order to deposit the amount. If the amount is not deposited, the respondents are at liberty to take physical possession of the vehicle. The appeal is disposed of accordingly. Interlocutory applications, if any pending, shall stand closed. Sd/- C.S.SUDHA JUDGE Jms