IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3926 of 2009()
1. TAHIR.R.P., S/O.PAREED,
... Petitioner
Vs
1. STATE REPRESENTED BY PUBLIC PROSECUTOR,
... Respondent
2. THE STATION HOUSE OFFICER,
For Petitioner :SRI.M.B.PRAJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/01/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
Crl.M.C.NO.3926 OF 2009
------------------------------------------
Dated 13th January 2010
O R D E R
Maheendra Scorpio vehicle No.KL-48-9818 was seized in crime No.636/2009 of Adimaly police station
registered for the offence under Section 55
(a) and (i) of Abkari Act. It is produced
before the Excise Commissioner, the
confiscating authority under Section 67 B
of the Abkari Act. Petitioner filed
M.P.5579/2009 before Judicial First Class
Magistrate-I, Thrissur in crime No.542/2009
of Thrissur Town East Police Station, for
interim custody of the vehicle. By
Annexure-V order the petition was
dismissed. This petition is filed under
Section 482 of Code of Criminal Procedure
Crmc 3926/09
2
to quash Annexure-V order and to get interim
custody of the vehicle.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. Case of the petitioner is that
the vehicle was stolen from the petitioner
and crime No.542/2009 of Thrissur East police
station is in respect of said theft and the
vehicle should have been produced in crime
No.542/2009 and even if, the stolen vehicle
was used for transporting Indian Made
Foreign Liquor or anycontraband article,
petitioner is not responsible for the same
and therefore, his vehicle cannot be
confiscated.
4. When the vehicle was seized in
crime No.636/2009 of Adimaly police station
and produced before the confiscating
Crmc 3926/09
3
authority, Judicial First Class Magistrate-I,
Thrissur cannot grant interim custody of the
vehicle in M.P.5579/2009. In such
circumstances, I find no reason to interfere
with the dismissal of the said petition by
Annexure-V order. True, if the petitioner is
the registered owner of the vehicle and it
was stolen while it was in his possession,
and it was later used for transporting any
contraband article, petitioner cannot be made
liable for the same. But it is upto the
petitioner to approach the confiscating
authority and raise all the contentions and
get appropriate order in accordance with
law.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
Crmc 3926/09
4