IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 6505 of 2010(Q) ------------------------- CMP.7027/2008 of J.M.F.C.,KASARAGOD CRRP.5/2009 of DISTRICT COURT, KASARAGOD .................... PETITIONER(S): HAMSA KOYA, AGED 48 YEARS, S/O.MUHAMMAD, 8/508, MUNDAKKAL PURAYIL, CHERUKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ANDHUR POLICE STATION, KASARGODE. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.6505 of 2010 = = = = = = = = = = = = = = Dated this the 18 th day of May, 2010 JUDGMENT The writ petitioner was the 2nd accused in Crime No.202 of 2005 of Adhur Police Station for offences punishable under Section 53A of the Kerala Police Act and Section 191 of the Motor Vehicles Act, 1988. The case was taken on file as S.T.Case No.542/2008 before the J.F.C.M -I, Kasaragod. On 7.10.2008, the 1st accused as well as the petitioner pleaded guilty and for the conviction under Section 53A of the Kerala Police Act, the two accused persons were each sentenced to a fine of Rs.100/- and on default to pay the fine to suffer simple imprisonment for 10 days. For the conviction under Section 191 of the Motor Vehicles Act each of them was sentenced to a fine of Rs.500/- and on default to pay the fine to suffer simple imprisonment for ten days. Since there was no claim made in respect of the TATA Sierra vehicle bearing Registration W.P.(c). No. 6505 of 2010 2 No.KL-13-D-4030 which was seized from the petitioner, the learned Magistrate ordered that the vehicle shall be confiscated. After the disposal of the case, the petitioner filed C.M.P.No.7027 of 2008 before the Magistrate under Section 451 Cr.P.C seeking interim custody of the vehicle. As per Exhibit P4 order dated 24.12.08, the said application was dismissed holding that there was no question of granting interim custody, since the case itself was disposed of on 7.10.2008 and the vehicle was ordered to be confiscated. Aggrieved by Ext.P4 order, the petitioner filed a Criminal Revision before the Sessions Court, Kasaragod as Crl.R.P.No.5 of 2009. As per Ext.P5 order dated 5.8.2009 the Sessions Court dismissed the said revision. It is thereafter that the petitioner has filed this writ petition seeking to set aside Exts.P4 and P5 orders and to direct J.F.C.M-I, Kasaragod to release the vehicle to the petitioner. 2. When the learned Magistrate had disposed of the case itself on 7.10.2008, C.M.P.No.7027/2008 filed subsequently for interim custody under Section 451 Cr.P.C W.P.(c). No. 6505 of 2010 3 was not maintainable and was rightly dismissed. If according to the petitioner the conviction was recorded contrary to law and without any justification whatsoever even though the petitioner had pleaded guilty, his remedy was to challenge the conviction provided the case would fall within the ratio in State V. Gopinatha Pillai (1978 KLT 779). Having not challenged the conviction and the consequent sentence as well as the final disposal of the property under Section 452 Cr.P.C, it is not open to the petitioner either to seek permanent custody of the vehicle or to challenge the order passed on the subsequent application filed by him for interim custody of the vehicle. This Crl.M.C is accordingly dismissed without prejudice to the right of the petitioner to challenge the conviction and consequential orders if so advised. Dated this the 18th day of May, 2010. V. RAMKUMAR, JUDGE sj