Ahammed Koya vs The State of Kerala

S.S. Satheesachandran, J.—Petitioner is the registered owner of a vehicle which was seized by the Police imputing violation of the

provisions covered by the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. He moved an application before the

magistrate for release of the vehicle on interim custody. That was allowed subject to some conditions directing deposit of 30% of the value of the

vehicle in cash and the rest furnishing security by bank guarantee/immovable property. Since the title deed produced by petitioner showed value at

a lesser rate it has not been accepted for release of the vehicle, is the case of the petitioner. Learned counsel for petitioner submits that the value of

the property belonging to the petitioner is offered as security which has an extent of 15 cents is much more than the sum fixed and due towards the

value of the vehicle. He is prepared to furnish certificates from an approved Valuer or from the Revenue Authority showing the value of the

property covered by the title deed, before the court, is the submission of the counsel. Needless to point out value shown in the title deed may not

actually reflect the price of the land as very often such value is fixed for the purpose of payment of stamp fee and also registration fee. Where the

Government has already notified the land value, parties may adopt that value for registration of the document. That being so, I find considerable

force in the submission made by the counsel that value shown in the title deed cannot be taken as the criteria for ascertaining the value of the

property. Learned magistrate is directed to consider valuation certificate from an approved Valuer or from the Revenue Authority, if so produced,

with reference to the title deed as well, to consider the acceptance of the security offered by the petitioner for release of the vehicle on interim

custody to him. Crl. M.C. is disposed of.