IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.Rev.Pet.No. 2640 of 2008() ------------------------------ CMP.2679/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... REVN. PETITIONER(S): PETITIONER ------------------------------- MANOJ, S/O.GOPALAN, KANDAYIL HOUSE, THENKARA, MANNARKADU TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, KONDOTTY POLICE STATION IN CRIME NO.360/2008. PUBLIC PROSECUTOR SRI C M NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 2640 OF 2008 ............................................ DATED THIS THE 24th DAY OF OCTOBER, 2008 ORDER Revision petition is filed challenging the order passed by Judicial First Class Magistrate, Malappuram dismissing CMP 2679 of 2008 in Crime 360 of 2008 for transporting 645 bottles of Indian made foreign liquor. Car KL - 9L -9964 was seized by police on 30.5.2008 at 8.30 pm. CMP 2679 of 2008 was filed by the petitioner for custody of the vehicle under Section 451 of Code of Criminal Procedure. Learned Magistrate dismissed the application holding that the vehicle is liable for confiscation and S.I of Police filed a report along with the copy of the request by Assistant Excise Commissioner, Malappuram for custody of the vehicle dated 15.7.2008 and petitioner is not entitled to get custody of the vehicle under Section 451 of Code of Criminal Procedure. Petition was dismissed. 2. This petition is filed challenging the order contending that under Section 451 of Code of Criminal Procedure, interim custody of the vehicle should have been granted. A report was called for from Judicial First Class Magistrate, Malappuram. The report shows that a petition was filed by S.I of Police for custody CRRP 2640/2008 2 of the vehicle to be handed over to Excise Commissioner, Malappuram for taking steps under Section 67B of Abkari Act and that petition was allowed on 22.7.2008 itself and sanction was granted therein. In such circumstances, learned Magistrate was justified in dismissing the application. Revision petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-