IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 1664 of 2010(Q) --------------------------------------- PETITIONER(S): ----------------------- THOMAS KURIAN, PEEDIKAYIL AGRIC AGENCIES, CHANGANASSERY, RESIDING AT PEEDIKAYIL HOUSE, EDATHUA, DIST.ALAPPUZHA. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): -------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, CHANGANASSERY. 3. THE ASSISTANT EXCISE COMMISSIONER KASARGODE. 4. SRI.SANDEEP KHOLKAR, M/S.AGRO CHEMICALS PVT. LTD., H.NO.118, RIVONA-SANGEUM, GOA. 5. VRL LOGISTICS LTD., GIRIRAJ ANEX, CIRCUIT HOUSE ROAD, HUBLI-580 029. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== W.P(C) No.1664 of 2010 ==================================== Dated this the 14th day of March, 2011 J U D G M E N T Petitioner claims to be a dealer in agricultural pesticides and seeds with its registered office at Edathua and branches at Chenganacherry and Nedumkandam. He is the authorised dealer and distributor of the said products and has valid licence for transportation of such goods obtained from the Sales Tax Authorities. While so petitioner received summons from a court at Margoa alleging that he committed offence under Sections 405, 418, 424 and 465 of the Indian Penal Code (Ext.P2 is the copy of the summons). Petitioner made enquiries and learned that certain article were transported by some other persons by using tin number and firm name of petitioner. Petitioner obtained certified copy of the crime and occurrence report in Crime No.5 of 2007 of Kumbala Range Kasargod Circle (copy is Ext.P3) which revealed that case was registered under Section 55(a) of the Abkari Act. Petitioner also learned that respondent No.4 booked 17 carton boxes on 27.01.2007 declaring that it contained pesticides. Again 17 carton boxes were booked on 29.01.2007 declaring the same W.P(C) No.1664 of 2010 -: 2 :- as agricultural pesticides by making false declaration. Petitioner states that his trade name and other details are being used without his consent and knowledge for the purpose of transportation of contraband items from Goa to Changanacherry. Petitioner wanted the matter to be enquired by the police and action to be taken. Accordingly petitioner preferred Ext.P11, petition to the Circle Inspector, Changanacherry. Learned counsel submits that all the relevant documents were submitted with Ext.P11, petition but so far no action was taken on the said petition. 2. Respondent No.2 has filed a statement in answer to the allegations contained in the petition. He has taken the stand that since the crime case was registered by the Excise Officials at Kasargod and seizure of the vehicle was also by the said Officials the place of occurrence being Kasargod and the police have no records in connection with the alleged crime. Learned counsel for petitioner submitted that the stand of the second respondent is not correct since the materials produced along with Ext.P11, would show that the contraband articles were being fraudulently transported to Chanancherry and other places within the jurisdiction of the second respondent fraudulently making use of W.P(C) No.1664 of 2010 -: 3 :- the tin number and trade/firm name of petitioner. I have heard the learned Public Prosecutor also. 3. It does not appear that the second respondent has disposed of Ext.P11, petition. He must bear in mind that what is sought to be investigated/enquired into by him is not anything concerned with Crime No.5 of 2007 alone but concerning the allegation that contraband articles are being transported to Changanacherry and other places using the tin number and firm/trade name of petitioner. Second respondent has to look into Ext.P11 and pass appropriate orders having regard to the nature of the allegations contained therein and the relevant documents. I make it clear that I have not expressed any opinion on the merit of contentions raised by the petitioner. Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv