Bastin K.S. vs Excise Inspector

Type Court Judgment Court Kerala Orders Decided Jun 01, 2023

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Citation: sooperkanoon.com/1342264
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jun 01, 2023
Case Number: Crl.MC/1091/2016

Parties & Advocates

Appellant / Petitioner

Bastin K.S.

Respondent

Excise Inspector

Excerpt

.....challenging annexure-a4 order passedby the judicial magistrate of first class-iii, north paravur by which the application submitted by the petitioner under section 451 of cr.p.c to release the vehicle bearing registration no. kl- 41 j 9923 was dismissed. the seizure of the vehicle was in connection with the crime no. 4/2015 of the excise range office, varappuzha.2. today when the matter came up for consideration, the learned public prosecutor upon instructions submitted that, the criminal proceeding in crime no.4/2015 is no longer pending as the petitioner/accused pleaded guilty on 28.02.2023. thereupon he was sentenced to pay a fine of rs.10,000/- in view of the fact that, the main proceedings is already over, there is no scope for an order under section 451 of cr.p.c. if at all the vehicle which is the subject matter of annexure a4order is not released, it shall be open for the petitioner to invokethe appropriate remedies in view of the fact that the proceedings in the prosecution is already completed. it is further clarified that, nothing in this order would preclude the authorities concerned from initiating or continuing the confiscation proceedings, if any, of the vehicle. sd/- ziyad rahman a.a. judge rpk appendix of crl.mc 1091/2016 petitioner annexuresannexure-1: true copy of the crime and occurrence report in crime no.4/2015. annexure-2: true copy of the remand report in crime no.4/2015. annexure-3: true copy of the cmp no.4/2015 before the jfcm court-iii, north paravur. annexure-4: true copy of the order dated 09.11.2015 in cmp.no.4/2015.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 CRL.MC NO. 1091 OF 2016 AGAINST THE ORDER/JUDGMENTCRMP 2240/2015 OF JUDL. FIRST CLASS MAGISTRATE COURT, III, NORTH PARAVUR (TEMPORARY) PETITIONER/ACCUSED: BASTIN K.S. S/O.SEBASTIAN, KALATHIPARAMBIL HOUSE, NEERIKKODE,ALANGAD P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV SRI.T.P.SANTHOSHKUMAR RESPONDENTS/COMPLAINANT: 1 EXCISE INSPECTOR EXCISE RANGE OFFICE, VARAPUZHA, ERNAKULAM. 2 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. OTHER PRESENT: ADV SEETHA S-SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This Crl.M.C is filed challenging Annexure-A4 order passed

by the Judicial Magistrate of First Class-III, North Paravur by which the application submitted by the petitioner under Section 451 of Cr.P.C to release the vehicle bearing registration No. KL- 41 J 9923 was dismissed. The seizure of the vehicle was in connection with the Crime No. 4/2015 of the Excise Range Office, Varappuzha.

2. Today when the matter came up for consideration, the learned Public Prosecutor upon instructions submitted that, the criminal proceeding in Crime No.4/2015 is no longer pending as the petitioner/accused pleaded guilty on 28.02.2023. Thereupon he was sentenced to pay a fine of Rs.10,000/- In view of the fact that, the main proceedings is already over, there is no scope for an order under Section 451 of Cr.P.C. If at all the vehicle which is the subject matter of Annexure A4

order is not released, it shall be open for the petitioner to invoke

the appropriate remedies in view of the fact that the proceedings in the prosecution is already completed. It is further clarified that, nothing in this order would preclude the authorities concerned from initiating or continuing the confiscation proceedings, if any, of the vehicle. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk APPENDIX OF CRL.MC 1091/2016 PETITIONER ANNEXURES

ANNEXURE-1: TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO.4/2015. ANNEXURE-2: TRUE COPY OF THE REMAND REPORT IN CRIME NO.4/2015. ANNEXURE-3: TRUE COPY OF THE CMP NO.4/2015 BEFORE THE JFCM COURT-III, NORTH PARAVUR. ANNEXURE-4: TRUE COPY OF THE ORDER DATED 09.11.2015 IN CMP.NO.4/2015.

Same Court & Year Kerala Orders · 2023 Same Parties Bastin K.S. vs Excise Inspector Same Judge Honourable Mr.Justice Ziyad Rahman a.a.