IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 1095 of 2008(B) ------------------------- CMP.615/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: ACCUSED/R.C.OWNER/CLAIMANT: ----------------------------------------------------- HARIDASAN, AGED 47 YEARS, S/O. THANKAPPAN, AYODHYA, AROOR P.O., ALLEPPEY DISTRICT. BY ADV. SRI.M.J.SANTHOSH RESPONDENT: COMPLAINANT: ------------------------------------ STATE REPRESENTED BY THE S.I. OF POLICE, HARBOUR POLICE STATION, KOCHI CITY,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S.BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.1095 of 2008 ========================== Dated this the 24th day of March, 2008. O R D E R The petitioner, who claims to be the registered owner of a motorcycle bearing registration No. KL.32/214 seized by the Harbour police in Crime No. 97 of 2008 which is registered under Section 55(a) of the Abkari Act, challenges the order dated 08.02.2008 passed by the Judicial First Class Magistrate-I, Ernakulam rejecting the petitioner's application filed as C.M.P. No. 615 of 2008 for interim custody of the vehicle. As per the said order the learned Magistrate released on interim custody only the currency notes worth Rs.2300/- seized from the petitioner/accused. 2. The Magistrate was of the view that since the motor bike is liable to be confiscated under Section 65 of the Abkari Act and also since the same has been produced before the Assistant Excise Commissioner, Ernakulam who is the authorised officer having the power to confiscate the vehicle, the vehicle cannot be given on interim custody to the petitioner. CRL.M.C. NO. 1095/2008 : 2: 3. The learned Public Prosecutor submitted that the vehicle is now with the authorised officer and confiscation proceedings are pending. If so, the remedy of the petitioner is to move the authorised officer under Rule 4(2) of the Kerala Abkari Act (Disposal of Confiscated Articles) Rules, 1996. Reserving the said remedy of the petitioner, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 1095/2008 : 3: