Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID MONDAY,THE11H DAY OF NOVEMBER201320TH KARTHIKA, 1935 Crl.MC.No. 664 of 2013 () -------------------------- AGAINST THE ORDER
IN CMP77462012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL DATED1911-2012 CRIME NO. 1353/2012 OF ATTINGAL POLICE STATION ---------------------------- PETITIONER/ACCUSED: ----------------------------------- MANIRAJ, S/O.RAGHAVAN, 'NALINAM', KORANI P.O., ATTINGAL, THIRUVANANTHAPURAM. BY ADVS.SRI.KRISHNA PRASAD. S SRI.K.A.VINOD ANTONY RESPONDENT/RESPONDENT/STATE : -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE ATTINGAL POLICE STATION. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1111-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 664 of 2013 () APPENDIX PETITIONERS' ANNEXURES : ANNEXURE A1 : COPY OF THE JUDGMENT
MADE IN WP(C) NO. 23526 OF 2007 DATED2510-2007. ANNEXURE A2 COPY OF THE CERTIFICATE OF REGISTRATION DATED294- 2008 ISSUED BY THE REGIONAL TRANSPORT OFFICER, KOTTARAKKARA. ANNEXURE A3 COPY OF THIS JUDGMENT
PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 19858 OF 2012 DATED228-2012. ANNEXURE A4 THE EXTRACT OF THE PROCEEDINGS OF THE DY. COMMISSIONER OF EXCISE, NORTH ZONE KASARGODE DATED1510-2005 BEARING ORDER
NO. 3112/05/B/KD. ANNEXURE A5 THE ORDER
OF THE ASST.EXCISE COMMISSIONER, KASARGODE DATED2410-2005 BEARING ORDER
NO. KS3 142/99. ANNEXURE A6 COPY OF THE COMMUNICATION ISSUED FROM THE ASST. EXCISE COMMISSIONER, KASARGODE DATED75-2007. ANNEXURE A7 COPY OF THE SHOW CAUSE LETTER BY THE INSPECTOR OF POLICE ATTINGAL CIRCLE DATED109-2012. ANNEXURE A8 COPY OF THE COVER WHICH IS STAMPED AS249-2012, THROUGH WHICH ANNEXURE A-7 WAS SENT TO THE PETITIONER BY THE INSPECTOR OF POLICE, ATTINGAL CIRCLE. ANNEXURE A9 COPY OF THE LETTER SENT BY THE PETITIONER TO THE INSPECTOR OF POLICE, ATTINGAL CIRCLE, DATED110-2012. ANNEXURE A10 ORIGINAL ORDER
PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL IN CMP NO. 7746 OF 2012 DATED1911-2012. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn HARUN-UL-RASHID, J.
--------------------------- Crl.M.C. No.664 of 2013 -------------------------- Dated this the 11th day of November 2013. ORDER
Petitioner filed CMP No.7746/2012 in Crime No. 1353/2012 of Attingal Police Station before the Judicial First Class Magistrate Court-I, Attingal for the release of the vehicle No. KL-24A-2674. The learned Magistrate by the impugned order dated 19.11.2012 dismissed the application finding that engine number of the vehicle purchased by the petitioner is different from the engine number which was seized by the police in the above said crime.
2. Petitioner is the registered owner of the vehicle. According to him he has purchased the vehicle through an auction sale from the office of the Assistant Excise Commissioner, Kasaragod in the year 2005. It is stated that without assigning any reason, on 11.8.2012, the police had taken custody of the vehicle from the compound of the petitioner.
3. In the circumstance, the petitioner filed a writ petition for police harassment. This Court in the said case passed an order to release the vehicle to the petitioner. It is submitted that ignoring the direction issued by this Court, the Inspector of Police surrendered the vehicle before the Magistrate Court. In such Crl.M.C. No.664/2013 :
2. : circumstance the petitioner moved an application for interim custody.
4. The judgment dated 22.8.2012 passed by this Court is marked as Annexure A-3 for reference. This Court noticed that the said vehicle was purchased by the petitioner in an auction from the office of the Assistant Excise Commissioner, Kasaragod. The name of the registered owner in the certificate of registration shows that the vehicle was issued in the name of the petitioner. In the judgment, the Government Pleader on instructions submits that the petitioner has produced the R.C.Book particulars and it was found that the engine number shown in the R.C.book and the actual number in the engine, varies and the vehicle is now in the custody of the police. This Court also noted down that upon producing the relevant documents showing the bonafides of the petitioner's case, the vehicle will be released. Recording the submissions the writ petition was disposed of. When the petitioner moved the Inspector of Police as per the direction in the judgment of this Court in the writ petition, instead of examining the matter, as directed, the Inspector Produced the vehicle before the court. The conduct shows that he was not prepared to release the vehicle to the petitioner. No doubt, the petitioner is the Crl.M.C. No.664/2013 :
3. : registered owner of the vehicle. He purchased the vehicle from the Excise Department. In such circumstance, the court below was not justified in dismissing the application for interim custody stating wrong reasons. In the facts and circumstance of the case, this Court is of the view that the impugned order requires reconsideration. The order under challenge is quashed. The court below shall reconsider CMP No. 7746/2012 and pass appropriate orders within one month from the date of receipt of the copy of the order. The Crl.M.C is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. AL/- True copy P.A to Judge