Shinoj P.M. Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1089060
CourtKerala High Court
Decided OnSep-10-2013
JudgeHONOURABLE MR.JUSTICE K.SURENDRA MOHAN
AppellantShinoj P.M.
RespondentState of Kerala
Excerpt:
in the high court of keralaat ernakulam present: the honourable mr.justice k.surendra mohan tuesday,the10h dayof september201319th bhadra, 1935 wp(c).no. 13677 of 2013 (h) ---------------------------- petitioner: ----------------- shinoj p.m. aged26years s/o.mathai, puthuparambil house, chembancheri bilal village, hosdurg taluk, kasaragod district. by advs.sri.k.p.harish sri.ullas madhu respondent(s): ---------------------------- 1. stateof kerala represented by its secretary,excise department government secretariat,thiruvananthapuram. 695 003.2. the commissioner of excise office of excise commissioner, nandavanam thiruvananthapuram. 695 003.3. the deputy commissioner of excise excise division office, kasaragod kasaragod district. 671 121. by sr.government pleader smt.c.k.sherin this writ petition (civil) having come up for admission on1009-2013, the court on the same day delivered the following: wp(c).no. 13677 of 2013 (h) ---------------------------- appendix petitioner's exhibits ------------------------------------- p1- the true copy of the fir report dated0612.2012 in crime no.593 of2012of chittarikkal police station. p1(a)- the true copy of the final report dated0612.2012 in crime no.593 of2012of chittarikkal police station. p2- true copy of the order of the judicial first class magistrate court ii, hosdurg. p3- the true copy of the bond executed by the petitioner with town solvent sureties. p4- a true copy of the memo dated2912.2012 issued by the court of judicial magistrate of first class ii, hosdurg. respondent(s)' exhibits: nil true copy p.a.to judge dsn k.surendra mohan, j.-------------------------------------------------- w.p.(c)no.13677 of 2013 -------------------------------------------------- dated this the10h day of september, 2013 judgment the petitioner is the sole accused in crime no.593/12 of chittarikkal police station, kasaragod district. he is charged with offences under section 13 read with section 63 of the abkari act and section 3(1) read with section 181 of the motor vehicles act. the allegation against the petitioner is that on 6.12.2012 at 10 a.m., at kurucheri in bheemangadi village, the accused was found in possession of six litres of indian made foreign liquor in 16 plastic bottles in an autorickshaw bearing registration no.kl-60e-901. the petitioner has been released on bail. he had moved c.m.p.no.8092/2012 before the judicial first class magistrate court-ii, hosdurg under section 451 of the code of criminal procedure, seeking release of the vehicle to him. accordingly, the learned magistrate has ordered the petitioner to be given interim custody of the vehicle, subject to the conditions in exhibit p2 order. the complaint of the petitioner is that the vehicle has not been released to him, till date, though he has complied with all the conditions stipulated by exhibit p2 order. wpc.no.13677/13 -2- 2. the learned government pleader submits that the 3rd respondent was not made a party to the proceedings that ended in exhibit p2.3. heard.4. though, the 3rd respondent was not a party to exhibit p2, the fact remains that an order granting interim custody of the vehicle of the petitioner has already been issued by the competent court. the 3rd respondent is the authority who has to pass necessary orders regarding release of the vehicle to the petitioner. there is nothing on record to show that the petitioner has moved the said authority, till date. therefore, if the petitioner moves the 3rd respondent producing copies of all the relevant documents, the said authority shall take a decision in the matter, without further delay. this writ petition is, therefore, disposed of directing the petitioner to move the 3rd respondent by submitting a proper petition seeking release of the vehicle to him in compliance with exhibit p2 order. if such a petition is submitted within a week, the 3rd respondent shall consider the same and pass appropriate orders thereon, in accordance with law. sd/-(k.surendra mohan) judge. dsn
Judgment:

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY,THE10H DAYOF SEPTEMBER201319TH BHADRA, 1935 WP(C).No. 13677 of 2013 (H) ---------------------------- PETITIONER: ----------------- SHINOJ P.M. AGED26YEARS S/O.MATHAI, PUTHUPARAMBIL HOUSE, CHEMBANCHERI BILAL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADVS.SRI.K.P.HARISH SRI.ULLAS MADHU RESPONDENT(S): ---------------------------- 1. STATEOF KERALA REPRESENTED BY ITS SECRETARY,EXCISE DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 695 003.

2. THE COMMISSIONER OF EXCISE OFFICE OF EXCISE COMMISSIONER, NANDAVANAM THIRUVANANTHAPURAM. 695 003.

3. THE DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION OFFICE, KASARAGOD KASARAGOD DISTRICT. 671 121. BY SR.GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1009-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13677 of 2013 (H) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- P1- THE TRUE COPY OF THE FIR REPORT DATED0612.2012 IN CRIME NO.593 OF2012OF CHITTARIKKAL POLICE STATION. P1(A)- THE TRUE COPY OF THE FINAL REPORT DATED0612.2012 IN CRIME NO.593 OF2012OF CHITTARIKKAL POLICE STATION. P2- TRUE COPY OF THE ORDER

OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, HOSDURG. P3- THE TRUE COPY OF THE BOND EXECUTED BY THE PETITIONER WITH TOWN SOLVENT SURETIES. P4- A TRUE COPY OF THE MEMO DATED2912.2012 ISSUED BY THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS II, HOSDURG. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn K.SURENDRA MOHAN, J.

-------------------------------------------------- W.P.(C)No.13677 Of 2013 -------------------------------------------------- DATED THIS THE10h DAY OF SEPTEMBER, 2013 JUDGMENT

The petitioner is the sole accused in Crime No.593/12 of Chittarikkal Police Station, Kasaragod District. He is charged with offences under Section 13 read with Section 63 of the Abkari Act and Section 3(1) read with Section 181 of the Motor Vehicles Act. The allegation against the petitioner is that on 6.12.2012 at 10 a.m., at Kurucheri in Bheemangadi Village, the accused was found in possession of six litres of Indian Made Foreign Liquor in 16 plastic bottles in an autorickshaw bearing registration No.KL-60E-901. The petitioner has been released on bail. He had moved C.M.P.No.8092/2012 before the Judicial First Class Magistrate Court-II, Hosdurg under Section 451 of the Code of Criminal Procedure, seeking release of the vehicle to him. Accordingly, the learned Magistrate has ordered the petitioner to be given interim custody of the vehicle, subject to the conditions in Exhibit P2 order. The complaint of the petitioner is that the vehicle has not been released to him, till date, though he has complied with all the conditions stipulated by Exhibit P2 order. WPC.No.13677/13 -2- 2. The learned Government Pleader submits that the 3rd respondent was not made a party to the proceedings that ended in Exhibit P2.

3. Heard.

4. Though, the 3rd respondent was not a party to Exhibit P2, the fact remains that an order granting interim custody of the vehicle of the petitioner has already been issued by the competent court. The 3rd respondent is the authority who has to pass necessary orders regarding release of the vehicle to the petitioner. There is nothing on record to show that the petitioner has moved the said authority, till date. Therefore, if the petitioner moves the 3rd respondent producing copies of all the relevant documents, the said authority shall take a decision in the matter, without further delay. This Writ Petition is, therefore, disposed of directing the petitioner to move the 3rd respondent by submitting a proper petition seeking release of the vehicle to him in compliance with Exhibit P2 order. If such a petition is submitted within a week, the 3rd respondent shall consider the same and pass appropriate orders thereon, in accordance with law. Sd/-(K.SURENDRA MOHAN) JUDGE. dsn