High Court Kerala High Court

Nafeesa vs State Of Kerala Represented By on 10 November, 2008

Kerala High Court
Nafeesa vs State Of Kerala Represented By on 10 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3283 of 2008()


1. NAFEESA, W/O. MAMMU, KALAKAPPARA HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.DEVIDAS.U.K

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :10/11/2008

 O R D E R
                  M.SASIDHARAN NAMBIAR, J.
                    ...........................................
                  CRL.R.P.NO. 3283 OF 2008
                    ............................................
     DATED THIS THE           10th       DAY OF NOVEMBER, 2008

                                   ORDER

Petitioner is challenging the order passed by Judicial First

Class Magistrate-I, Perinthalmanna, dismissing CMP 2712 of

2008 in Crime No. 365 of 2008 of Kulathoor Police Station

refusing to grant interim custody of the vehicle. Case of

petitioner is that he is the owner in possession of KL03/B 3684

lorry which was seized by S.I of Kulathoor police station on

30.8.2008 at about 12.30 pm and the vehicle was not

transporting river sand as alleged and therefore the seizure is

illegal and petitioner is entitled to get interim custody of the

vehicle under Section 457 of Code of Criminal Procedure as the

vehicle, if allowed to be detained, will get damaged and

petitioner is prepared to abide by any condition. Learned

Magistrate dismissed the application on the ground that the

vehicle was involved in a similar crime earlier and was released

to petitioner under Section 457 of Code of Criminal Procedure

and again the vehicle was used for committing the same offence

and therefore it cannot be released to the petitioner. The

argument of learned counsel is that when the vehicle was seized

CRRP 3283/2008 2

by the police, it did not contain any river sand as alleged and

therefore there was no violation of the condition undertaken by

the petitioner and hence the dismissal of the application is not

sustainable.

2. Learned Public Prosecutor made available the seizure

mahazar prepared by S.I of Police on 30.8.2008, the date when it

was seized. Being a contemporaneous record it is very relevant.

As rightly found by learned Magistrate, seizure mahazar

establishes that vehicle was used for transporting river sand.

Petitioner has no case that he was having any license or

authorisation to transport river sand at that time. When interim

custody of the vehicle was earlier entrusted to revision petitioner

and he used the same vehicle for committing the same unlawful

act of transporting river sand illegally, learned Magistrate was

justified in dismissing the application. I find no reason to

interfere with that finding.

Revision petition is dismissed. Petitioner is entitled to take

all defences at the time of trial.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-