IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH NOVEMBER 2006 / 7TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 4070 of 2006() AGAINST THE ORDER DATED 27.9.2006 IN CRL.M.P.NO.5178/2006 OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS I, THODUPUZHA IN CRIME NO.389/2006 OF THODUPUZHA POLICE STATION. REVN. PETITIONER: PETITIONER: ----------------------------- ALIKUNJU, S/O. HASSAN, PURAMADAM HOUSE, VAZHITHALA KARA, MANAKKAD VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS: RESPONDENTS: ------------- 1. MUHAMMED NAZEER, S/O. MUSTAFA, ELAVUMTHADATHIL HOUSE VIII/653, NEDUMKANDAM P.O., IDUKKI DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, THODUPUZHA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------------- CRL.R.P.NO. 4070 OF 2006 --------------------------------- Dated this the 28th day of November,2006 O R D E R The application filed by the revision petitioner under Section 457 of the Code of Criminal Procedure to release an autorickshaw was dismissed by the court below by the order impugned in this Revision. It was held by the trial court that the vehicle could be dealt with only under Section 67B of the Abkari Act and, therefore, an application under Section 457 of the Code of Criminal Procedure is not maintainable. 2. The learned Public Prosecutor, on instructions, submitted that no proceedings are being initiated for confiscation of the vehicle. Therefore, there could be no doubt that the application under Section 457 is maintainable. It is also relevant to note that this Court has held CRL.R.P. NO.4070 OF 2006 :: 2 :: in Abdurahiman v. The Excise Inspector and another (2006 (1) KLD (Cri) 256), that an application under Section 451 of the Code of Criminal Procedure is maintainable in an abkari case. Therefore, the Criminal Revision Petition is allowed and the order impugned is set aside. The trial court shall dispose of the application afresh on the merits after hearing the parties, as expeditiously as possible. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------ ------------------------ CRL.M.C.NO. OF O R D E R September, 2006 ------------------------