IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MARCH 2007 / 6TH CHAITHRA 1929 Crl.MC.No. 799 of 2007() ------------------------ CMP.359/2007 IN of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL CR.NO.573/06 OF KILIMANOOR POLICE STATION .................... PETITIONER: ------------ A.M.ABDUL KHADER, SULFANA MANZIL, MYLAKUNNU, KILIMANOOR. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: COMPLAINANT/STATE. ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NO. 799 OF 2007 ------------------------------------------------- Dated this the 27th day of March, 2007 ORDER The petitioner is the 3rd accused and he faces the allegations, inter alia, under Sec.5 of the Rationing Order and Secs.3 and 7 of the Essential Commodities Act. Certain documents have been seized from the possession of the petitioner. The petitioner applied for release of such registers as they are required by him in connection with his business. The application was opposed by the learned Public Prosecutor. The learned Magistrate, in the wake of the objections by the learned Public Prosecutor, proceeded to pass the impugned order - Annexure-A2. The objection raised was that if such documents were released to the petitioner, there is every chance of the same affecting the prosecution case adversely. No further details are shown. 2. The learned counsel for the petitioner submits CRL.M.C.NO. 799 OF 2007 -: 2 :- that the documents are urgently required by the petitioner for production before the District Collector in accordance with law. If the documents were retained in custody of the court, it would cause the petitioner great hardship and loss. The petitioner shall undertake to produce the documents in the same condition in which it is released to him by the court. The learned Public Prosecutor, after taking instructions, submits that the State has no objection if the documents are released to the petitioner on condition that he produces the same again in the same condition in which it is released to him. It is further submitted that it may be insisted that the certified copies of the vitally relevant pages of the documents are furnished before court in substitution before it is handed over. 3. The learned Public Prosecutor has not specified before me the precise pages for which the production of the certified copies must be insisted. 4. I am, in these circumstances, satisfied that the impugned order can be set aside and the learned CRL.M.C.NO. 799 OF 2007 -: 3 :- Magistrate can be directed to release the documents to the petitioner subject to appropriate conditions to be fixed by the learned Magistrate. The prosecution shall within 15 days specify the precise pages of the documents in question for which the certified copies must be received in substitution before the documents are released to the petitioner. The learned Magistrate shall consider the justifiability of such specification and pass appropriate orders. 5. This Crl.M.C. is accordingly allowed to the above extent. The learned Magistrate shall ensure that the documents are released to the petitioner within a period of 20 days from the date on which a copy of this order is placed before the learned Magistrate 6. Issue a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy/ P.S. To Judge