The Kerala High Court has ruled that demanding a bank guarantee as a prerequisite for the interim release of a vehicle seized for alleged illegal transport of river sand is excessive and unwarranted.

Justice C.S. Dias relied on the Supreme Court ruling in Shihab & Anr. v. State of Kerala & Anr. [2016 (4) KHC 183], noting that the principle laid down there continues to govern similar cases involving alleged sand transportation.

The petitioner, the registered owner of a lorry, challenged an order issued by the Magistrate Court that granted interim custody of his vehicle—seized by the Deputy Range Forest Officer, Pathanamthitta under Sections 27(1)(e)(iv)(v) and 52(1) of the Kerala Forest Act, 1961—subject to furnishing a bank guarantee of ₹3 lakh, equivalent to its assessed value.

Arguing against the requirement, the petitioner cited Shihab, as well as Kerala High Court decisions in Muhamed Ali v. State of Kerala (2025) and State of Kerala v. Thomas K.B. (2018). Meanwhile, the State relied on State of Karnataka v. K. Krishnan, contending that the guarantee condition was appropriate.

The petitioner pointed out that the Karnataka ruling was based on statutory provisions under the Karnataka Forest Act specifically mandating bank guarantees for release—provisions which do not exist in the Kerala Forest Act. He further submitted that Section 61A, which deals with confiscation, applies only to listed forest produce—sand is not one of them—making confiscation proceedings under that section inapplicable.

Upon examining Sections 53 and 61A of the Act, the Court affirmed that since sand is beyond the scope of Section 61A, the vehicle is not liable for confiscation. Instead, Section 53 empowers the competent authority to release the vehicle on execution of a simple bond.

The Court declared:

“The Supreme Court in Shihab held that insisting on a bank guarantee for release of a vehicle used for transporting sand is onerous. Following the same reasoning, the condition imposed here is unjustifiable. In such matters, Shihab governs the field.”

Allowing the petition, the High Court removed the bank guarantee requirement and directed that interim custody be granted promptly once all other conditions are fulfilled.

Case Details:
Shijo Mon Joseph v. State of Kerala & Anr.
Crl.M.C. No. 9009 of 2025