High Court Kerala High Court

Mr.Sreejesh vs Sub Inspector Of Police on 21 November, 2008

Kerala High Court
Mr.Sreejesh vs Sub Inspector Of Police on 21 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3641 of 2008()


1. MR.SREEJESH, S/O.VELAYUDHAN,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.M.H.HANIL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :21/11/2008

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
           Crl.R.P. NO.3641     OF 2008
            ===========================

     Dated this the 21st day of November,2008

                       ORDER

Revision petitioner is challenging the order

dismissing his application filed under section 457

of Code of Criminal Procedure. He filed that

application before Judicial First Class Magistrate,

Chalakudy for interim custody of Lorry bearing

No.KER-5209 seized by Mala Police in Crime

No.475/2008 on 22.10.2008 for illegal

transportation of river sand without permit. Case

of the revision petitioner is that he is the

registered owner in possession of the vehicle and

vehicle was not involved in any illegal

transportation of river sand and if the vehicle is

allowed to be kept in the open premises, there is

every possibility of causing damage to the vehicle

and In such circumstance, the vehicle is to be

released to the petitioner on imposing any

conditions. Learned Magistrate, based on the

CRRP 3641/2008 2

report submitted by the Station House Officer, Mala

Police Station to the effect that the very same

vehicle was earlier seized on 11.10.2008 in Crime

No.459/2008 for illegal transportation of river

sand and was granted interim custody under section

457 Cr.P.C. to the petitioner and again he used the

same for illegal transportation of river sand and

therefore petitioner cannot be granted interim

custody of the vehicle.

2. Learned counsel appearing for petitioner

and learned Public Prosecutor were heard.

3. The argument of the learned counsel is that

when the lorry was taken delivery pursuant to the

order for interim custody, in Crime 459/2008 only

on 21.10.2008, it is not at all probable that on

the very next day the vehicle would be used for

illegal transportation of river sand and therefore

the seizure itself was illegal. It was also argued

that as is clear from the seizure mahazar, the

seizure was not in the presence of any independent

witness and in violation of the privisions of

Section 100 of Code of Criminal Procedure and

CRRP 3641/2008 3

therefore the vehicle is to be granted on interim

custody to the revision petitioner. Learned

counsel also submitted that the petitioner is

prepared to abide by any conditions.

4. When the very same vehicle was granted

earlier on interim custody under section 457 of the

Code of Criminal Procedure to the revision

petitioner on specific condition that he shall not

use it for illegal transportation of river sand

and the vehicle was subsequently seized by the

police while transporting river sand illegally.

On the facts and circumstances of the case,learned

Magistrate was justified in not granting interim

custody of the vehicle to the revision petitioner

as the condition undertaken by the revision

petitioner was violated. Hence he is not entitled

to get interim custody. There is no illegality in

the order.

Criminal Revision Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

CRRP 3641/2008    4

M.SASIDHARAN NAMBIAR, J.




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    W.P.(C).NO. /06
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       JUDGMENT




    SEPTEMBER,2006