Muhammed Shameer vs State Of Kerala on 9 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 190 of 2009()


1. MUHAMMED SHAMEER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/02/2009

 O R D E R
                        V. RAMKUMAR, J.
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                      Crl.R.P.No.190 of 2009
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            Dated this the 25th day of February, 2009

                              ORDER

Petitioner claims to be the registered owner in respect of a

mini lorry bearing Registration No.KL 9D- 5853 which was

seized by the Sub Inspector of Police, Perunthalmanna under

Section 17(1) of the Kerala Antisocial Activities(Prevention) Act,

2007. Petitioner’s application under Section 457 Cr.P.C for

interim custody of the vehicle was dismissed by the J.F.C.M-I,

Perinthalmanna. Hence this revision.

2. In as much as no crime has been registered and no

seizure is reported to the Magistrate under Section 102 Cr.P.C,

the learned Magistrate was justified in dismissing the application

for interim custody. This revision is accordingly dismissed

without prejudice to the right of the petitioner to move the

District Collector or authorised officer under Section 17(3) of the

said Act for appropriate reliefs.

Dated this the 25th day of February, 2009.

V. RAMKUMAR, JUDGE

sj