IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.MC.No. 3926 of 2009() ------------------------- MP.5579/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... (CRIME NO.542 OF 2009 OF THRISSUR TOWN EAST POLICE STATION,THRISSUR) PETITIONER(S): ACCUSED: ----------------------------------------- TAHIR.R.P., S/O.PAREED, RAMANATH HOUSE, MINALOOR P.O., THRISSUR DISTRICT. BY ADV. MR.M.B.PRAJITH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, THRISSUR TOWN EAST POLICE STATION, (CRIME NO.542 OF 2009), THRISSUR. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3926 OF 2009 ------------------------------------------ Dated 13th January 2010 O R D E R Maheendra Scorpio vehicle No.KL-48-9818 was seized in crime No.636/2009 of Adimaly police station registered for the offence under Section 55 (a) and (i) of Abkari Act. It is produced before the Excise Commissioner, the confiscating authority under Section 67 B of the Abkari Act. Petitioner filed M.P.5579/2009 before Judicial First Class Magistrate-I, Thrissur in crime No.542/2009 of Thrissur Town East Police Station, for interim custody of the vehicle. By Annexure-V order the petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure Crmc 3926/09 2 to quash Annexure-V order and to get interim custody of the vehicle. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Case of the petitioner is that the vehicle was stolen from the petitioner and crime No.542/2009 of Thrissur East police station is in respect of said theft and the vehicle should have been produced in crime No.542/2009 and even if, the stolen vehicle was used for transporting Indian Made Foreign Liquor or anycontraband article, petitioner is not responsible for the same and therefore, his vehicle cannot be confiscated. 4. When the vehicle was seized in crime No.636/2009 of Adimaly police station and produced before the confiscating Crmc 3926/09 3 authority, Judicial First Class Magistrate-I, Thrissur cannot grant interim custody of the vehicle in M.P.5579/2009. In such circumstances, I find no reason to interfere with the dismissal of the said petition by Annexure-V order. True, if the petitioner is the registered owner of the vehicle and it was stolen while it was in his possession, and it was later used for transporting any contraband article, petitioner cannot be made liable for the same. But it is upto the petitioner to approach the confiscating authority and raise all the contentions and get appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3926/09 4