IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.MC.No. 4044 of 2010 (C) ------------------------- ( CMP.1794/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY) .................... PETITIONER/PETITIONER/ACCUSED: -------------------------------------------------------- ABDUL NAZER.K., S/O.KUNHI POCKER, 40 YEARS ELAMBILASSERI, KICHAKKOTH POST, KODUVALLI, KOZHIKODE DT. BY ADVS. SRI.SRINATH GIRISH SRI.E.NARAYANAN RESPONDENT/RESPONDENT/STATE: ---------------------------------------------------- THE STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4044 OF 2010 --------------------------------------------- Dated 18th October, 2010 O R D E R Petitioner filed C.M.P.1794/2010 in Crime No.147/2010 of Koduvalli Police Station before Judicial First Class Magistrate's Court-I, Thamarassery under Section 451 of Code of Criminal Procedure for interim custody of Ammonium Nitrate seized by the police. By Annexure-4 order, learned Magistrate dismissed the petition on the ground that report submitted by the Investigating Officer shows that sample of Ammonium Nitrate seized was sent to Regional Science Laboratory, Kannur and report is awaited. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-4 order. Crmc 4044/10 2 2. Learned counsel appearing for the petitioner when asked the purpose for interim custody, submitted that it is to be stored properly. Learned counsel then submitted that a direction may be issued to the Regional Science Laboratory, Kannur to issue the report expeditiously. Petition is disposed directing Judicial First Class Magistrate-I, Thamarassery to make sufficient arrangement for proper custody of Ammonium Nitrate seized. Petitioner is at liberty to move the learned Magistrate after receipt of the report. Investigating Officer may take steps to get the report expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.