IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.MC.No. 290 of 2005 ------------------------ CMP.4486/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI CRIME NO. 25/20-04 OF TANUR POLICE STATION .................... PETITIONER: NOUFAL M.P., S/O. KUNHI MOHAMMED, MELEPEEDIAKKAL HOUSE, VENNIYUR P.O., MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: 1. CIRCLE INSPECTOR OF POLICE, TANUR. 2. IBRAHIM, S/O. MOHAMMED HAJI, KARUVANTHODI HOUSE, THIRURANGADI, MALAPPURAM. 3. IBRAHIM MUSAFIRGHAN, S/O. ANDRU, NINAND HOUSE, VALAKKULAM. 4. MOHAMMED, S/O. KUNHARAMU HAJI, THOMMANKANDAN HOUSE, THIRURANGADI, KLEENAKKODE AMSOM DESOM, MALAPPURAM DISTRICT. 5. FATHIMA, D/O. MOOSAKOYA, SHAMEER MANZIL, CHETTIPPADY AMSOM DESOM, TIRURANGADI, MALAPPURAM. 6. NAVAS, S/O. YOUSUF, PALLIPURAM, TIRUR, MALAPPURAM DISTRICT. 7. KUNHIMOIDEEN KUTTY HAJI, S/O. AZEEZ, MATHANKUZHIYIL, ATHAVANAD, TIRUR. 8. THE ENFORCEMENT DIRECTOR, KOZHIKODE. 9. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.CIBI THOMAS FOR R2 TO R7 BY PUBLIC PROSECUTORMR. P.A. SALIM SRI.JOHN VARGHESE, ASSISTANT SG FOR R8 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO. 786/2005 IN CRL.M.C. NO. 290/2005 DISMISSED. 7-8-2008 SD/-M.C. HARI RANI, JUDGE TRUE COPY P.S. TO JUDGE M.C. HARI RANI, J. ====================== CRL.M.C.NO. 290 of 2005 ====================== Dated this the 7th August 2008 ORDER Heard the learned counsel for the petitioner and also the learned Public Prosecutor. 2. This petition is filed under Section 482 of the Code of Criminal Procedure with the prayer to direct the Judicial First Class Magistrate, Parappanangadi to release the currency notes of Rs.4,85,000/- seized by the Tanur police to the petitioner and also to direct the 8th respondent to file a report in respect of the property of currency notes produced by the first respondent in Crime No.25/2004 of Tanur police station. 3. Petitioner has produced true copy of the order in C.P.M.4486/2004 dated 1-9-2004 passed by the learned Judicial First Class Magistrate, Parappanangadi as Annexure-I, which would reveal that petition filed by the petitioner under Section 451 Cr.P.C. with the prayer for interim custody of Rs.4,85,000/- seized by the Tanur police has been dismissed for the reason that investigation is going on regarding the source of the money. 4. After admitting this petition, this court as per order dated 19-1-2005 directed the 8th respondent, the Enforcement Director, CRMC.290/2005 -2- Kozhikode to conduct and complete the investigation as expeditiously as possible and to file the final report. Accordingly, the Assistant Solicitor General of India, on behalf of the 8th respondent has filed a statement before this Court on 23-3-2005 wherein it is stated that a case was registered by the Assistant Director, Directorate of Enforcement, Calicut under Section 3(c) of the Foreign Exchange Management Act,1999( for short FEMA) and the seized currencies and documents were taken over by the department on 28-1-2005 for further action under the Act as per order dated 10-12-2004 of the learned Magistrate and for further proceedings in accordance with law under FEMA. It is also stated in the report that the amount of Rs.4,85,000/- is liable to be confiscated to the Central Government under Section 13(2) of the FEMA, 1999. In these circumstances, this Crl.M.C.is dismissed as is devoid of merits. Both parties are at liberty to raise their contentions before the concerned court. M.C. HARI RANI JUDGE ks.