IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Crl.MC.No. 3700 of 2011(D) -------------------------------------- [CC.NO.2395/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KOLENCHERRY] .................... PETITIONER/ACCUSED: ---------------------------------- ABDUL RAHIM @ RAHIM, AGED 47 YEARS, S/O.KANIYA RAWTHER, MAVADICHAN HOUSE, CHATHARI BHAGOM, TRIPUNITHURA, NADAMA VILLAGE. BY ADV. SRI.IEANS.C.CHAMAKKALA. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, AMBALAMEDU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3700/2011-D: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: CERTIFIED COPY OF THE CHARGE SHEET. ANNEXURE B: CERTIFIED COPY OF THE F.I.R. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3700 of 2011 ----------------------------------- Dated this the 24th day of November 2011 O R D E R Petitioner is the accused in C.C.No.2395/2011 of J.F.C.M., Kolencherry. The offences alleged against him are under Sec.6 of Kerala Motor Spirit & High Speed Diesel Oil (Maintenance and Regulation of Supplies) Order, 1979 and Sec.16 of Kerala Kerosene Control Order, 1968 r/w 3 and 7(1)(a)(ii) of Essential Commodities Act, 1955. The allegation was that the accused kept 30 litres of petrol and 30 litres of kerosene in the property of one Karthyayani for sale of the same in contravention of the provisions of the Order and Act mentioned above. The incident took place on 1.12.1995 at 4.15 PM. 2. The learned counsel for the petitioner submits that there is no material to hold that the petitioner was present at the time of seizure or that he was actually dealing with petrol or kerosene. The learned counsel further submits that mahazar and other documents produced by the prosecution also will not show the complicity of this petitioner. After conducting Crl.M.C. No.3700 of 2011 -: 2 :- investigation, charge sheet was laid by the police officer. The acceptability of the evidence collected during investigation cannot be gone into now, since it is purely a question of fact. Hence, the request made by the learned counsel for the petitioner that the entire proceedings may have to be quashed cannot be sustained. Petitioner can raise all his contentions before the trial court. 3. The learned counsel further submits that petitioner may be allowed to be represented under Sec.205 Cr.P.C. Petitioner is at liberty to file an application under Sec.205 Cr.P.C. It is for the learned Magistrate to consider that application in the light of the arguments that may addressed on that application. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, J UDGE. Jvt