IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.Rev.Pet.No. 2411 of 2007() ----------------------------------------- M.P.NO.2309 OF 2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI CRIME NO.33 OF 2007 OF MATTANCHERRY POLICE STATION. REVN. PETITIONER/ APPELLANT/ACCUSED -------------------------------------------------------------- C.K.UBAID, AGED 52 YEARS S/O.KAMU, PROPRIETOR COASTAL TRADELNKS 1/3, KALVATHY ROAD, KOCHI BY ADV. SRI.S.RAJEEV RESPONDENT/RESPONDENT/RESPONDENT ------------------------------------------------------------------ STATE OF KRALA REPRESENTED BY PUBLC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. (CRIME NO.33 OF 2007 OF MATTANCHERRY POLICE STATION) BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================================== CRL.R.P. NO. 2411 OF 2007 ====================================== Dated this the 17th day of June 2008 ORDER The Mattancherry police is alleged to have seized 2110 kgs. of Nylon hawsers from one Hamsakutty, the accused in Crime No.33/2007 on the premise that the said property was stolen property. During the crime stage, the revision petitioner filed CMP 2309/2007 before the JFCM II, Kochi under Section 451 Cr.P.C. for interim custody of the said Nylon hawsers. 2. The case of the petitioner was that he had purchased in auction the said hawsers as `condemned goods' from ONGC ship by name `Sampoorna Swarajya' and had entrusted those properties with Hamsakutty referred to above as the petitioner had no sufficient space in his godown for keeping those articles. The learned Magistrate was not impressed by the documents produced by the petitioner for interim custody and accordingly as per the impugned order dated 19.5.2007 directed sale of the properties in auction after retaining a sample. The said order is challenged in this revision. CRLR.P.2411/2007 2 3. I heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor. 4. It is admitted on both sides that the police have subsequently filed a refer report before the court. Being Nylon hawsers, they cannot be termed as perishable items so as to justify an auction under Section 451 Cr.P.C. Now the police have filed a refer report. Hence the Magistrate will have to consider the refer report and pass appropriate orders. In case the Magistrate accepts the refer report and terminates the proceedings, he may have to pass final orders under Sec.452 Cr.P.C. regarding the custody of the Nylon hawsers produced before the Magistrate. Hence this revision is disposed of without prejudice to the power of the Magistrate to pass final orders under Section 452 Cr.P.C. with regard to the aforesaid property, in case the final report is accepted and proceedings are dropped. It shall be open to the petitioner to produce documents which entitle him to claim final custody of the Nylon hawsers. V.RAMKUMAR, JUDGE CSS/ CRLR.P.2411/2007 3 css/