IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4170 of 2009()
1. CANA TRADERS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE ASSISTANT COMMISSIONER OF CUSTOMS
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX
The Hon'ble MR. Justice P.BHAVADASAN
Dated :27/01/2010
O R D E R
P.BHAVADASAN, J.
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Crl.M.C No.4170 OF 2009
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Dated this the 27th day of January 2010
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ORDER
This is a petition filed under Section under 482 of the
Code of Criminal Procedure seeking to have Annexure A7 order
passed by the Judicial First Class Magistrate Court II, Ernakulam
set aside and for appropriate orders.
2. Petitioner had filed C.M.P No.3169 of 2009 before
Judicial First Class Magistrate Court II, Ernakulam. That was
filed under Section 451/457 of the Code of Criminal Procedure
seeking interim custody of the foreign made foreign liquor seized
in Crime No.65/2009 of the Excise Range, Ernakulam. The
petitioner narrates in detail his right to possess the article.
There is no dispute regarding the article seized nor about its
quality. The petitioner points out that he had produced several
documents before the court below in support of his petition but
those documents were not considered. It is pointed out that the
court below has not taken note of any of the documents
produced in support of the custody of the article.
3. Second respondent supports the petition, but the
state opposes the same. The court below was not justified in
observing that there were no documents produced in support of
Crl.M.C No.4170 OF 2009 Page numbers
the claim. It is not correct that the documents have been
produced. It is felt that reconsideration of the trial by the trial
court is necessary. Petition is allowed and the matter is remitted
to the court below for fresh consideration and disposal in
accordance with law and after hearing all the parties within two
weeks from the date of this order.
4. Send a copy of the order to the court below
forthwith.
Sd/-
P.BHAVADASAN,
JUDGE
//TRUE COPY//
vdv P.A TO JUDGE