IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Crl.MC.No. 3092 of 2009 --------------------------------------- CMP.1178/2009 of JFCM, KUTHUPARAMBA .................... PETITIONER/PETITIONER: P.P. ASHARAF, S/O. MOIDU, PUTHANPURAYIL HOUSE, THIRUMANA AMSOM AND DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/RESPONDENTS: 1. THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, MALOOR POLICE STATION, KANNUR DISTRICT. BY ADV. SRI.T.P.M.IBRAHIM KHAN, ASG FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3092 of 2009 -------------------------- ORDER Petitioner filed C.M.P.No.1178/2009 in Crime No.7/2009 of Maloor Police Station before Judicial First Class Magistrate's Court, Kuthuparamba under Section 451 of Code of Criminal Procedure for getting Rs.2,76,500/- seized in the case. By Annexure-A2 order, learned Magistrate dismissed the petition holding that the FIR and other connected records are ordered to be transferred to the Directorate of Enforcement, Kozhikode. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A2 order and to direct the Magistrate to grant interim custody of the money. 2. First respondent field a counter affidavit stating that on 16.2.2009, Assistant Director of Enforcement, Kozhikode filed a petition before Judicial First Class Magistrate's Court, CRMC 3092/09 2 Kuthuparamba to transfer the case records and seized properties to the Directorate of Enforcement, Kozhikode for further investigation and necessary action under Foreign Exchange Management Act, 1999, as a complaint is to be filed under Section 16 of the Act and prima facie, it was found that provisions of Section 3(C) of the Act were violated. Counter affidavit also shows that learned Magistrate, as per order dated 27.6.2009, transferred the FIR and other connected records to the Directorate of Enforcement, Kozhikode. Counter affidavit further shows that steps have been initiated under the provisions of the FEMA. In such circumstances, granting liberty to the petitioner to raise the claim before the Enforcement Director, Kozhikode, this petition is dismissed. 16th February, 2010 (M.Sasidharan Nambiar, Judge) tkv