IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 349 of 2008()
1. JOY, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/02/2008
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 349 of 2008
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Dated this the 13th day of February, 2008.
ORDER
The petitioner, who is the accused in Crime No. 408/2006 of
West Police Station, Thrissur for an offence punishable under Clause 5
(a) of the Kerala Rationing Order, 1966 r/w Section 3 of the Essential
Commodities Act, 1955, challenges the order dated 16.01.2008 passed
by the Judicial First Class Magistrate-III, Thrissur dismissing the
petitioner’s application filed under Section 457 Cr.P.C for interim
custody of the lorry bearing registration No. KL 8B 8560 of which the
petitioner claims to be registered owner.
2. The lorry in question was seized by the Town West Police on
26.10.2006 for allegedly transporting rationed articles. The learned
Magistrate did not entertain the petition for the reason that the
confiscation proceedings under Section 6(a) of the Essential
Commodities Act, 1955 have been initiated by the District Collector,
Thrissur.
3. It is admitted that neither the act nor the rules fix a time limit
for the completion of the confiscation proceedings by the District
Collector. The decision of the Apex Court in AIR 2003 SC 638
-Sundarbhai Ambalal Desai v. State of Gujarat mandates that as far as
CRL.R.P.NO. 349/2008 : 2:
possible the interim custody of such vehicles and other properties
should be ordered. Even though more than a year has elapsed after
the seizure of the lorry in question, the petitioner contends that he has
not been served with any notice in the confiscation proceedings stated
to have been initiated by the Collector. If after the conclusion of the
proceedings in crime No. 408/2006 it is ultimately found that the
petitioner did not commit any offence as alleged, he will suffer
irreparable loss on account of the exposure of the lorry to the ambient
weather. Hence, it is necessary that a time limit has to be fixed for
the finalisation of the confiscation proceedings. Accordingly, if the
confiscation proceedings are not finalised by the District Collector,
Thrissur within three months of date of receipt of a copy of this order,
the District Collector shall release the vehicle on interim custody on an
application filed by the petitioner. The release shall be on such terms
as he may deem fit.
This Crl. R.P is disposed of as above.
Hand over a copy of this order to both sides.
V. RAMKUMAR, JUDGE.
rv
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